Section 5 — Proceedings and penalties

Part of Protection of Wild Mammals (Scotland) Bill: Stage 3 – in the Scottish Parliament at 4:30 pm on 13th February 2002.

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Photo of Allan Wilson Allan Wilson Labour 4:30 pm, 13th February 2002

Amendments 74 and 77 are technical amendments that tidy up the drafting. The Executive has no strong views on amendment 76. However, we recommend that Parliament reject amendment 32, which is also in the name of David Mundell. Amendment 32 subverts the purpose of section 5(7), which is to make an accused who finds himself pleading a defence prove things that are in his particular knowledge. It attempts to extend the protection that is offered in section 5(7) to all exceptions in the bill. An accused would simply have to claim that they thought that they were acting in any of the ways that are identified as possible exceptions in order to enjoy that protection. In our view, that would make the bill unworkable. For those reasons, we strongly suggest that members do not agree to amendment 32.

I move amendment 74.