Natural Environment and Rural Communities Bill. Lords Committee stage fifth day. Clauses 41 to 55 agreed to, Clause 44 agreed to as amended. Schedule 6 agreed to. Schedule 5 agreed to as amended. Part 1 of 2 records.
Natural Environment and Rural Communities Bill
Committee of the Whole House (HL)
and
Debate on bills on Monday, 27 February 2006,
in the House of Lords.
About these Parliamentary proceedings
Reference
679 c13-89 Session
2005-06Legislative stage
Committee stageChamber / Committee
House of Lords chamberRelated items
Natural Environment and Rural Communities Bill. Brought from the Commons. Explanatory notes HL Bill 23-EN also published.
Wednesday, 12 October 2005
Bills
House of Lords
Wednesday, 12 October 2005
Bills
House of Lords
Proceeding contributions
Lord Chorley | 679 c86 (Link to this contribution)
I did not intend to take part in the debate because I got the Minister’s letter, but I want to suppo...
Lord Dixon-Smith | 679 c85-6 (Link to this contribution)
I am sorry to intervene at this stage and delay us still further into what is normally regarded as t...
Show all contributions (139)
Lord Judd | 679 c83-5 (Link to this contribution)
I certainly accept the apology of my noble friend—he is always one of the most courteous Ministers i...
Lord Bach | 679 c83 (Link to this contribution)
I apologise very much to the Committee that the letter has not arrived. I made sure that it was sent...
Lord Judd | 679 c88 (Link to this contribution)
In the constraints of the situation my noble friend’s remarks are very helpful, but does he accept t...
Lord Bach | 679 c87 (Link to this contribution)
I have listened carefully to everything that has been said in this debate by the noble Baroness in m...
Viscount Eccles | 679 c87 (Link to this contribution)
Have I got it right that the judgment by the court will be appealed against? If so, and as the opini...
Earl Peel | 679 c86-7 (Link to this contribution)
I have a lot to say on this issue, but given the time and the fact that the Government have withdraw...
Baroness Miller of Chilthorne Domer | 679 c87 (Link to this contribution)
Given the importance of national parks and the difference between how each area of land has been tre...
Baroness Farrington of Ribbleton | 679 c88-9 (Link to this contribution)
This may be an appropriate stage for the House to be resumed. In moving the Motion, I suggest that t...
Baroness Byford | 679 c88 (Link to this contribution)
I am grateful to all noble Lords who have spoken. To those who do not like my amendment—that is the ...
Lord Bach | 679 c88 (Link to this contribution)
It is an unfortunate situation, but the fact remains that the Countryside Agency has made a fair poi...
Earl Peel | 679 c65-6 (Link to this contribution)
I acknowledge what the Minister says, but I put to him the same question I posed to the noble Barone...
Earl Peel | 679 c65 (Link to this contribution)
I am grateful to the noble Lord for his response. I shall read very carefully what he has said. I am...
Lord Bach | 679 c65 (Link to this contribution)
As I understand it, there is a draft of the new code of practice in the Library. I do not have it in...
Baroness Miller of Chilthorne Domer | 679 c64 (Link to this contribution)
We have eminent legal opinion on these Benches, but it is not here at the moment, so off the top of ...
Lord Bach | 679 c64-5 (Link to this contribution)
We have to be very sure that wildlife crime is found out and punished. As the noble Baroness, Lady M...
Baroness Miller of Chilthorne Domer | 679 c63-4 (Link to this contribution)
I should like to address a couple of the interesting points raised by the noble Earl, Lord Peel, and...
Earl Peel | 679 c64 (Link to this contribution)
I fully appreciate the points made by the noble Baroness, but surely she would agree with me that it...
Duke of Montrose | 679 c63 (Link to this contribution)
I support my noble friend Lord Peel in his amendment. We are grateful to the Minister for the introd...
Lord Hylton | 679 c63 (Link to this contribution)
When the Minister comes to reply, I should be extremely grateful if he could say how many wildlife i...
Earl Peel | 679 c61-3 (Link to this contribution)
I am grateful to the noble Lord, but I shall expand my remarks just a little because this point is w...
Baroness Byford | 679 c70 (Link to this contribution)
If the mistake is mine, I can only apologise to the Committee, because I certainly did not want to g...
Lord Bach | 679 c70 (Link to this contribution)
I am grateful to the noble Baroness for giving way. I am advised that the Destructive Imported Anima...
Baroness Byford | 679 c70 (Link to this contribution)
I have listened with care to what the Minister had to say. I do not mean this disrespectfully, but w...
Lord Bach | 679 c69-70 (Link to this contribution)
The amendment seeks to remove the upper time limit for bringing summary proceedings for offences aga...
Lord Bach | 679 c72-3 (Link to this contribution)
I do not know the answer to the noble Baroness’s question with regard to a list of SSSIs. I am advis...
Baroness Miller of Chilthorne Domer | 679 c72 (Link to this contribution)
Government Amendments Nos. 300 and 301 seem to be practical amendments but I have one question in re...
Lord Carter | 679 c72 (Link to this contribution)
I hope that the Minister can clarify a point on Amendment No. 301. As I understand it, the amendment...
Lord Bach | 679 c70-2 (Link to this contribution)
moved Amendment No. 300:"After Clause 54, insert the following new clause—"
““DENOTIFICATION
In...
Baroness Miller of Chilthorne Domer | 679 c73 (Link to this contribution)
It would be helpful for the public and anyone concerned with these matters such as local councillors...
Baroness Byford | 679 c68-9 (Link to this contribution)
moved Amendment No. 299:"Page 63, leave out lines 30 to 32."
The noble Baroness said: Like many oth...
Earl Peel | 679 c66 (Link to this contribution)
I come back to the point that producing a case file often requires confidential information. I would...
Baroness Miller of Chilthorne Domer | 679 c66 (Link to this contribution)
I am drawing on the only other parallel I can think of at this moment: an NGO running a women’s refu...
Earl Peel | 679 c66 (Link to this contribution)
The Minister has made his position clear. I hope he will look at that point extremely carefully beca...
Lord Bach | 679 c66 (Link to this contribution)
I understand the noble Earl’s point. I want to take it away, and I will write to him with a consider...
Lord Bach | 679 c66-7 (Link to this contribution)
The amendment as drafted would allow the taking of a sample from a seal for the purpose of testing f...
Baroness Byford | 679 c66 (Link to this contribution)
moved Amendment No. 297:"Page 62, line 39, leave out from ““sample”” to end of line 40 and insert ““...
Lord Bach | 679 c67 (Link to this contribution)
moved Amendment No. 298:"Page 63, line 20, at end insert—"
““PART 3 CONSTABLE’S SEARCH WARRANT POWE...
Baroness Byford | 679 c67 (Link to this contribution)
I am grateful to the Minister for his explanation. All I say is: poor seals. They will go on being i...
Lord Bach | 679 c68 (Link to this contribution)
The lack of current powers under the Protection of Badgers Act 1992, as it was passed, is a major co...
Duke of Montrose | 679 c67 (Link to this contribution)
I find it a trifle curious that the further four Acts which the Minister has mentioned were presumab...
Lord Judd | 679 c82-3 (Link to this contribution)
I should at this stage remind the Committee that I am an active vice-president of the Council for Na...
Baroness Byford | 679 c82 (Link to this contribution)
At this stage, having got to that point, I would like to formally move the amendment. Others can the...
Baroness Byford | 679 c82 (Link to this contribution)
I personally have no difficulty with this. The intervention came from the noble Lord, Lord Carter. I...
Lord Bach | 679 c81-2 (Link to this contribution)
The noble Baroness knows why it has not been debated. I have explained fully to the Committee, and i...
Baroness Byford | 679 c81 (Link to this contribution)
I am, and speaking to it. I cannot help the fact that some of my comments will be linked to another ...
Baroness Byford | 679 c81 (Link to this contribution)
I cannot. That is why I looked at the Clerk. I think I am correct.
Baroness Turner of Camden | 679 c81 (Link to this contribution)
Are you moving Amendment No.306A?
Baroness Turner of Camden | 679 c81 (Link to this contribution)
The noble Baroness should move the amendment, after which she can withdraw it. Then she will get an ...
Lord Bach | 679 c79-80 (Link to this contribution)
had given notice of his intention to move Amendment No. 305:"Before Clause 56, insert the following ...
Duke of Montrose | 679 c79 (Link to this contribution)
I hope that they would receive punishment even now if they were caught. Maybe the Minister wants to ...
Lord Carter | 679 c81 (Link to this contribution)
As the government amendments have not been moved, the Question before the Committee is the noble Bar...
Baroness Byford | 679 c80-1 (Link to this contribution)
moved Amendment No. 306A:"After Clause 56, insert the following new clause—"
““CRITERIA FOR DESIGN...
Duke of Montrose | 679 c76-7 (Link to this contribution)
moved Amendment No. 303:"Page 21, line 23, at end insert ““after consultation with whom the agreemen...
Lord Bach | 679 c78-9 (Link to this contribution)
Of course there is no suggestion that landowners are destroying the signs. Others are doing so, and ...
Duke of Montrose | 679 c78 (Link to this contribution)
I am considerably mystified by some of the arguments put forward by the Minister. I confess to being...
Lord Bach | 679 c73-5 (Link to this contribution)
I am about to tell the noble Baroness that. It is on the website, which includes details of the SSSI...
Lord Bach | 679 c75-6 (Link to this contribution)
moved Amendment No. 301:"After Clause 54, insert the following new clause—"
““EFFECT OF FAILURE TO...
Baroness Byford | 679 c27-8 (Link to this contribution)
I support my noble friend’s amendment. In another place there was some discussion about whether a ne...
Baroness Young of Old Scone | 679 c33-4 (Link to this contribution)
I declare an interest as vice president of Birdlife International and of the RSPB. I commend the nob...
Baroness Miller of Chilthorne Domer | 679 c31-3 (Link to this contribution)
moved Amendment No. 292:"After Clause 46, insert the following new clause—"
““PROHIBITION OF IMPOR...
Earl Peel | 679 c30-1 (Link to this contribution)
I am extremely grateful to the noble Baroness for giving such a comprehensive reply. I am bound to s...
Baroness Farrington of Ribbleton | 679 c28-30 (Link to this contribution)
I will deal first with the last points of the noble Baroness, Lady Byford. I can work only on the ba...
Baroness Young of Old Scone | 679 c36 (Link to this contribution)
May I press the Minister on that last statement? If I remember correctly, of the 1,700 species of bi...
Lord Bach | 679 c36 (Link to this contribution)
I am grateful to the noble Baroness for her intervention. I will try to find the answer for her—if n...
Duke of Montrose | 679 c34 (Link to this contribution)
We on these Benches have great sympathy with the amendment. We shall return to it in a similar vein ...
Lord Bach | 679 c34-6 (Link to this contribution)
No one can fail to be impressed by the passion with which the noble Baroness, Lady Miller, moved her...
Baroness Miller of Chilthorne Domer | 679 c36-7 (Link to this contribution)
The Minister’s reply is very much predicated on what happens on an EU-wide basis, but here in Britai...
Baroness Miller of Chilthorne Domer | 679 c37-8 (Link to this contribution)
I thank the Minister for his reply. I am always concerned when I am congratulated on my passion, bec...
Lord Bach | 679 c37 (Link to this contribution)
I do not know the answer to the noble Baroness’s perfectly proper question. If I may, I will write t...
Baroness Miller of Chilthorne Domer | 679 c38 (Link to this contribution)
I thank the noble Lord, Lord Carter, for that very helpful suggestion. As my question during the Min...
Lord Carter | 679 c38 (Link to this contribution)
I thank the noble Baroness for giving way. It would be helpful if, when my noble friend the Minister...
Earl Peel | 679 c39-40 (Link to this contribution)
I am extremely grateful to the noble Lord, Lord Carter, for having spelt out the inadequacies of the...
Lord Carter | 679 c38-9 (Link to this contribution)
moved Amendment No. 293:"Page 18, line 23, at end insert—"
““(3) In section 14 of the 1981 Act (...
Baroness Byford | 679 c40 (Link to this contribution)
I too thank the noble Lord, Lord Carter, for introducing the amendment. I do not want to go over the...
Baroness Miller of Chilthorne Domer | 679 c40-1 (Link to this contribution)
I rise briefly to speak to this amendment. In doing so I must declare that about 18 months ago my hu...
Baroness Farrington of Ribbleton | 679 c41-2 (Link to this contribution)
I have the strangest sensation. It is said that when one is drowning, past life emerges in front of ...
Lord Carter | 679 c42 (Link to this contribution)
I would not have thought that a simple probing amendment would introduce wolves and Japanese knotwee...
Earl Peel | 679 c17 (Link to this contribution)
I listened with great interest to what my noble friend Lord Dixon-Smith said, and I have a great dea...
Lord Dixon-Smith | 679 c16-7 (Link to this contribution)
The Minister has given a very good explanation of the reasons for government action to try to improv...
Baroness Farrington of Ribbleton | 679 c15-6 (Link to this contribution)
Clause 41 replaces and reflects what is in subsections (2) to (5) of Section 75 of the Countryside a...
Baroness Miller of Chilthorne Domer | 679 c18 (Link to this contribution)
I shall bear that reassurance and the comment of the noble Viscount, Lord Eccles, in mind. I shall r...
Duke of Montrose | 679 c18-9 (Link to this contribution)
moved Amendment No. 282:"Page 16, line 22, at beginning insert ““Having obtained a search warrant fr...
Baroness Miller of Chilthorne Domer | 679 c17-8 (Link to this contribution)
I thank Members of the Committee who have spoken. This has been an illuminating debate, as was the M...
Baroness Farrington of Ribbleton | 679 c18 (Link to this contribution)
The intention is not to narrow down but to continue to focus work in the areas of priority—not to ch...
Viscount Eccles | 679 c17 (Link to this contribution)
Will the Minister say in writing—which I think she suggested that she would do—whether there is a me...
Lady Saltoun of Abernethy | 679 c20 (Link to this contribution)
I am not sure whether this is the right moment to raise this, but when I was listening to the noble ...
Baroness Miller of Chilthorne Domer | 679 c20 (Link to this contribution)
We concur with some of the concerns raised, and we look forward to hearing from the Government.
Earl Peel | 679 c22 (Link to this contribution)
Of course I will do exactly as the Minister suggests.
Lord Bach | 679 c20-2 (Link to this contribution)
Up until a moment ago I thought that I had the answer to this group of amendments, but the last cont...
Baroness Miller of Chilthorne Domer | 679 c26-7 (Link to this contribution)
I speak to Amendment No. 291, which is grouped with this amendment. It simply adds the swallow to th...
Lord Carter | 679 c27 (Link to this contribution)
My Lords, it is important to have some guidance from the Government on the point at which a nest bec...
Lord Bach | 679 c22-4 (Link to this contribution)
We will meet this point again a little later on. I will take the same attitude to it then as I do no...
Duke of Montrose | 679 c24-5 (Link to this contribution)
I thank the Minister for his efforts to answer so many of our wide-ranging questions. So much happen...
Lord Bach | 679 c25 (Link to this contribution)
moved Amendments Nos. 283 to 285:"Page 16, line 23, leave out ““for the purpose of ascertaining whet...
Earl Peel | 679 c26 (Link to this contribution)
moved Amendment No. 290:"Page 17, line 15, at end insert ““if there is evidence that the nest was co...
Duke of Montrose | 679 c58-9 (Link to this contribution)
moved Amendment No. 293C:"Page 19, line 20, at end insert—"
““( ) the marketing, sale and intr...
Baroness Byford | 679 c56-7 (Link to this contribution)
I am very grateful to all Members of the Committee who have contributed to this important debate. I ...
Duke of Montrose | 679 c61 (Link to this contribution)
I am grateful to the noble Baroness for going into suitable detail on many of these issues in her re...
Baroness Farrington of Ribbleton | 679 c61 (Link to this contribution)
I do not know, and unless wisdom strikes me from on high in a very few seconds, I shall not have the...
Lord Rotherwick | 679 c55 (Link to this contribution)
I support my noble friend Lord Peel. I have written to the chairman of the Forestry Commission askin...
Lord Bach | 679 c61 (Link to this contribution)
I hope that I made that clear earlier, but I am happy to do so again now.
Baroness Byford | 679 c46 (Link to this contribution)
I thank the Minister for his response, and am grateful for the support of the noble Baroness, Lady M...
Lord Bach | 679 c46 (Link to this contribution)
Ultimately—in the last analysis.
Baroness Miller of Chilthorne Domer | 679 c45-6 (Link to this contribution)
I was mulling over the Minister’s comment that it is for the exporting country to exert control, and...
Lord Bach | 679 c46 (Link to this contribution)
As I said, there was much more that we could do. It is only stating the reality that, while the trad...
Baroness Miller of Chilthorne Domer | 679 c44-5 (Link to this contribution)
I need not go on at length about the issue again, because I probably said almost everything that I n...
Lord Bach | 679 c45 (Link to this contribution)
I look forward to debating the issue that the noble Baroness, Lady Miller, mentioned with her when t...
Baroness Byford | 679 c42-4 (Link to this contribution)
moved Amendment No. 293A:"After Clause 48, insert the following new clause—"
““IMPORT OF EXOTIC BI...
Earl Peel | 679 c50-1 (Link to this contribution)
I very much support the remarks made by my noble friend Lady Byford and I support her amendment. We ...
Baroness Byford | 679 c46-50 (Link to this contribution)
moved Amendment No. 293B:"After Clause 49, insert the following new clause—"
““CONTROL OF HARMFUL ...
Baroness Byford | 679 c46 (Link to this contribution)
In the last analysis I accept, but I feel that it is also the responsibility of the country where th...
Lord Rotherwick | 679 c53-4 (Link to this contribution)
I rise to support my noble friends Lady Byford and Lord Peel and all those who have argued against t...
Baroness Farrington of Ribbleton | 679 c54 (Link to this contribution)
The noble Lord, Lord Dixon-Smith, seems to be the only person other than myself who has read about—I...
Earl Peel | 679 c54 (Link to this contribution)
Can the noble Baroness be more specific about that? What particular research is she talking about?
Baroness Farrington of Ribbleton | 679 c54-5 (Link to this contribution)
Research into immuno-contraception—did I fail to say that? I thought that the noble Earl had asked a...
Baroness Miller of Chilthorne Domer | 679 c51-2 (Link to this contribution)
I simply want to say that I know my noble friend Lord Livsey would have liked to be here this aftern...
Lord Dixon-Smith | 679 c52-3 (Link to this contribution)
I want to pick up the point by the noble Baroness, Lady Miller of Chilthorne Domer, about ballast wa...
Earl Peel | 679 c53 (Link to this contribution)
Does my noble friend agree that the muntjac is as good to eat as any deer? It is absolutely deliciou...
Lord Dixon-Smith | 679 c53 (Link to this contribution)
It is certainly good to eat.
Baroness Farrington of Ribbleton | 679 c55 (Link to this contribution)
We give advice on best practice for control. It is not my experience that people are unaware of thei...
Earl Peel | 679 c55 (Link to this contribution)
To clarify a point that the noble Baroness made, she said that the Forestry Commission would support...
Baroness Byford | 679 c15 (Link to this contribution)
I have a couple of questions for the Minister. I am not sure that I fully support the principle of t...
Lord Dixon-Smith | 679 c14-5 (Link to this contribution)
I have much sympathy with this amendment. The clause as drafted is a typical example of the Governme...
Baroness Miller of Chilthorne Domer | 679 c13-4 (Link to this contribution)
I am grateful to the Minister for seeking a little quiet so that I can move my amendment.
Clause 41...
Baroness Farrington of Ribbleton | 679 c13 (Link to this contribution)
The noble Baroness cannot be heard because noble Lords are speaking while they leave the Chamber.
Baroness Miller of Chilthorne Domer | 679 c13 (Link to this contribution)
moved Amendment No. 280:"Page 14, line 43, leave out ““principal””"
The noble Baroness said: With A...
Lord Bach | 679 c13 (Link to this contribution)
My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill.
Mov...
Baroness Miller of Chilthorne Domer | 679 c82 (Link to this contribution)
May I make some objection to the continual intervention on this point of the noble Lord, Lord Carter...
Lord Carter | 679 c82 (Link to this contribution)
The Companion clearly states that the debate should be relevant to the Question before the House. Th...
Baroness Miller of Chilthorne Domer | 679 c60-1 (Link to this contribution)
Where the criteria that the Minister described for plants has been put into effect in the United Kin...
Lord Bach | 679 c77-8 (Link to this contribution)
Clause 55 provides a general power for Natural England or the Countryside Council for Wales to put u...
Earl Peel | 679 c19-20 (Link to this contribution)
Before speaking to Amendment No. 285A, which is in this group, I should like to say to the Minister ...
Baroness Farrington of Ribbleton | 679 c17 (Link to this contribution)
I agree with almost everything that every noble Lord has said in this short debate. I think we are i...
Earl Peel | 679 c61 (Link to this contribution)
moved Amendment No. 294:"Page 57, line 30, at end insert—"
““( ) When exercising powers in rel...
Lord Bach | 679 c87-8 (Link to this contribution)
We do not have leave to appeal as we speak, so there is no guarantee that there will be an appeal in...
Baroness Farrington of Ribbleton | 679 c59-60 (Link to this contribution)
Clause 50 provides a power for the Secretary of State to issue codes of practice relating to non-nat...
Lord Dixon-Smith | 679 c55-6 (Link to this contribution)
The fact that many people try to control grey squirrels illustrates the scale of the problem. My nob...
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