UK Parliament / Open data

Natural Environment and Rural Communities Bill

It was said earlier that this feels like a Home Office debate. The purpose of these particular provisions is to list the pesticides that are used to poison wildlife and to make it an offence to possess them. Clearly, if they are being used to poison people as well as animals and if they are on the list, an offence has been committed. The provisions would apply equally, which I hope helps my hon. Friend. I want to express my other concerns about the amendments and new clauses. The issue of ““reasonable belief”” as opposed to a ““suspicion”” is important, and I believe that Conservative Members have understood the point even if they do not agree with it. Similar problems also apply to the amending provisions that deal with the circumstances in which a justice of the peace can issue a warrant. Before doing so, a justice must be satisfied that there are reasonable grounds for believing that a relevant offence is being or has been committed on any premises and that evidence of such an offence is to be found on the premises. In addition, the amending provisions contain a precondition that the occupier of the premises must have been made aware of the decision to apply for a warrant. Effectively, a serious offence has been committed in respect of killing wildlife, which we all agree is precious, yet we are warning someone that we are going to serve a warrant, which might then allow them to remove the evidence. To my mind, that is flawed.

About this proceeding contribution

Reference

437 c195-6 

Session

2005-06

Chamber / Committee

House of Commons chamber
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