661
Wildlife and Countryside
[19 OCTOBER 1981]
Monday, 19th October, 1981.
WILDLIFE AND COUNTRYSIDE BILL [H.L.]—
Consideration of Commons amendments (Second Day) (continued.)
[Continuation of Official Report from col. 660, Monday, 19th October, 1981.]
166
167
COMMONS AMENDMENTS
Page 65, line 13, leave out the 1973 and insert that '. line 27, leave out the 1973' and insert' that '.
9.46 p.m.
The Earl of Avon: My Lords, I beg to move that the House doth agree with the Commons in their Amend- ments Nos. 166 and 167. I spoke to these when moving Amendment No. 153. I beg to move.
Moved, That this House doth agree with the Commons in the said amendments.-(The Earl of Avon.)
On Question, Motion agreed to.
168
COMMONS AMENDMENT
Page 65, leave out lines 40 to 44 and insert:
'it had become apparent, before that time, that that action would prove necessary for the purpose men- tioned in that subsection and either-
(a) a licence under section 9 of this Act authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or (b) an application for such a licence had been deter-
mined "".
The Earl of Avon: My Lords, I beg to move that the House doth agree with the Commons in their Amend- ment No. 168. This amendment makes the same provision in Schedule 7 as does Amendment No. 28 to Clause 10, which the House accepted on 15th October. It would replace the provision at sub-paragraph (1B) of paragraph 7 of Schedule 7. It is similar to Amendment No. 28. I beg to move.
Moved, That this House doth agree with the Commons in the said amendment. (The Earl of Avon.)
On Question, Motion agreed to.
169 170
COMMONS AMENDMENTS
€
Page 66, line 19, leave out the 1973' and insert that '. line 27, leave out 'the 1973 ' and insert ‘that '.
The Earl of Avon: My Lords, I beg to move that the House doth agree with the Commons in their Amend- ments Nos. 169 and 170. I spoke to these amendments when moving Amendment No. 153. I beg to move. Moved, That this House doth agree with the Commons in the said amendments. (The Earl of Avon.)
On Question, Motion agreed to.
COMMONS AMENDMENT
171 Schedule 8, page 66, line 38, at end insert:
Calamint, Wood Calamintha sylvatica '.
The Earl of Avon: My Lords, I beg to move that the House doth agree with the Commons in their Amend- ment No. 171. The purpose of this amendment is to add the wood calamint to the schedule of protected plants. The effect would be to give this plant the full
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Bill [H.L.]
662
protection of Clause 13. The wood calamint is a very rare plant, which is found only in one site on the Isle of Wight. It is, however, a conservation success story. I beg to move.
Moved, That this House doth agree with the Commons in the said amendment.-(The Earl of Avon.)
On Question, Motion agreed to.
172
Page 67, leave out lines 45 to 48 and insert:
C
NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.'
The Earl of Avon: My Lords, I beg to move that the House doth agree with the Commons in their Amend- ment No. 172. I spoke to this amendment when Moving Amendment No. 142. I beg to move.
Moved, That this House doth agree with the Com- mons in the said amendment.-(The Earl of Avon.)
Lord Renton: My Lords, it is with apology that I rise very briefly at this point. I should have taken the point at an earlier stage of the Bill, or even when my noble friend was moving Amendment No. 150. I make the point now only for the sake of the record, and so that those authorities who are responsible for en- forcement of the Bill may watch out for the point in the years to come.
Ignorance of the law is no defence, but it is very strong mitigation and people are likely to raise in mitigation the fact that they did not know the Latin name, the name in the second column. If they had been tied to the name in the first column, which is the common name, they could not have raised that miti- gation and the sentences would, therefore, have been heavier against them. This is a point of which we should not lose sight in due course.
The Earl of Avon: My Lords, I am grateful to my noble friend for pointing that out.
173 174
On Question, Motion agreed to.
COMMONS AMENDMENTS Schedule 9, page 68, leave out line 12.
line 27, at end insert- 'Marmot, Prairie (other- Cynomys'
wise known as Prairie Dog).
The Earl of Avon: My Lords, I beg to move that the House doth agree with the Commons in their Amendments Nos. 173 and 174. These amendments remove the existing misleading description "dog, prairie " and replace it by the correct term. The prairie dog is not a dog, but a rodent of the marmot family. I beg to move.
Moved, That this House doth agree with the Com- mons in the said amendments.-—(The Earl of Avon.)
On Question, Motion agreed to.
175
COMMONS AMENDMENT Page 69, line 3 at end insert—
Hogweed, Giant
Kelp, Giant
Knotweed, Japanese
Heracleum mantegazzianum Macrocystis pyrifera
Polygonum cuspidatum'.
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