Natural Environment and Rural Communities Bill

My Lords, the noble Earl’s amendments are similar, so I shall deal with them together. Amendments Nos. 128 and 129 seek to introduce a requirement for a wildlife inspector to have grounds for suspecting that he may find there evidence that an offence is being, or has been, committed on premises before exercising powers to enter and inspect those premises. The noble Earl has made it clear, on this occasion and previously, that he has no desire to restrict wildlife inspectors when exercising their powers in relation to licences and registrations. However, it is not a simple case of separating out the powers of wildlife inspectors into those which deal specifically with licences and those which do not. That is because all the powers under Sections 18B(1) and 18D(1) have relevance to an inspector’s ability effectively to monitor licences. For example, if we look at the powers in relation to group 1 offences, Section 18B(1)(a) is needed to ensure that we can monitor situations where no licence has been applied for, where activities may be outside the scope of a licence—for example, where they are outside the licence purpose—or where we need to monitor whether licence conditions are being complied with. It is important to remember that the breach of a licence condition is not in itself an offence under the 1981 Act; rather, the breach may mean that the person concerned cannot rely on the licence that he has obtained because he is not within its terms. Therefore, when wildlife inspectors are entering land for the purpose of checking compliance with licences, the relevant offence which may have been committed will be that in the substantive provisions—for example, an offence under Section 1, which deals with killing wild birds. This is one of the reasons why Section 18B(1)(a) has been so drafted. Section 18B(1)(b)(i) is needed so that we can verify licence applications, and Section 18B(1)(b)(ii) is needed so that we can check licensed activities where the licence itself has expired to ensure that any licence condition has been complied with. It will not always be the case that breach of a licence condition after the licence has expired will be a breach of the substantive provision to which the licence relates. Entry could therefore not always be obtained in these circumstances under Section 18B(1)(a)—hence the need for this separate power. Let me give an example in practice, where a licence has been obtained to destroy a sand martin habitat. One of the conditions of that licence may be to replace the restored habitat. It is important that the replacement habitat is maintained and not simply destroyed just a few months after the licence has expired. Under Section 18B1(b)(ii), wildlife inspectors would be able to gain entry to land after the expiry of the original licence to ensure that the replacement habitat condition to which the licence was subject has been complied with. The same reasoning applies in relation to group 2 offences and the powers set out in Section 18D. In all these cases, an offence may not have been committed and one may not be suspected. The inspector is therefore not expecting to find evidence of an offence. He is, in effect, randomly inspecting to see that the conditions of licences are being fulfilled. I should also mention that the proposed powers in Schedule 5 are consistent with the wording of the current powers of wildlife inspectors, which are set out in Section 19ZA of the Wildlife and Countryside Act 1981, and which were introduced by the CROW Act 2000. Perhaps I can illustrate this by a specific example. Under Section 19ZA(3)(a) of the 1981 Act, a wildlife inspector can enter and inspect any premises for the purpose of ascertaining whether an offence under Section 6, Section 9(5) or Section 13(2) is being, or has been, committed on those premises. Although under the Bill these become group 2 offences and the power will be found in the new Section 18D(1)(a) of the 1981 Act, the power itself remains unchanged. It is this power that Amendment No. 129 seeks to restrict. I remind the House that the power has existed for five years and there is no evidence that it is being abused. The powers of the wildlife inspectors under the Bill depend on whether the offence is group 1 or group 2. Group 1 offences deal mainly with animals, birds and plants that are found in the wild and of which it is rare for any person to have possession or control. These offences relate to Sections 1, 5, 9(1), 9(2), 9(4), 11, 13(1) and 14ZA of the 1981 Act. Wildlife inspectors currently have no enforcement powers for these offences. Group 2 offences may relate to licensing of captive, ringed and registered birds and the sale of certain animals and plants, and are found in other sections of the 1981 Act. Wildlife inspectors already have enforcement powers in relation to those offences under the 1981 Act. These powers remain largely unchanged by the Bill. We fully recognise that the Bill seeks to extend the powers of wildlife inspectors to deal with group 1 offences and four other Acts. However, as I have explained, we believe that such powers are needed to allow a wildlife inspector to effectively monitor licences. I want to make it abundantly clear on the record that the role of a wildlife inspector is not the general enforcement of wildlife laws. That role is performed quite rightly by the police, so if there is suspicion of an offence per se, in the normal circumstances it would be for the police to investigate, not a wildlife inspector. Wildlife inspectors are involved in the enforcement of activities in connection with licences and registration. If, during a routine inspection, a wildlife inspector found evidence of an offence, the matter would be referred to the police or Defra investigation services, who are fully trained to carry out criminal investigations. I can give the noble Earl the assurance that he seeks in the strongest possible terms: wildlife inspectors will not engage in fishing trips, but will undertake visits for legitimate reasons in connection with licensing and registration. On that basis, I ask him to withdraw his amendment.