Purpose: to strengthen the law to reflect the increasing significance of protecting biodiversity and deterring wildlife crime.
Laws relating to the shooting and selling of game are considered “archaic” and increasing importance is being placed on bio-diversity and areas of special scientific interest (ASSIs), so proposals have been put forward to update the relevant legislation.
The Bill, which effectively is an update of the 1985 Wildlife Order, has completed committee stage and is awaiting a date for consideration.
The three new clauses and 36 amendments would introduce a statutory duty on government departments and public bodies to take further action on the conservation of biodiversity, although some respondents to the consultation have queried the lack of guidance for such actions. The Department of the Environment would have a duty to publish a biodiversity strategy dealing with conservation, including periodic reports about its implementation. The department would also be required to publish lists of animal and plant species and habitats considered to be of priority for conservation.
Game licensing systems have not been changed since the nineteenth century and under this law it would no longer be necessary for game hunters to have a license. Restrictions on the trading of game, particularly deer, at certain times of the year and the labelling of game during transport are no longer considered necessary given modern refrigeration facilities and food safety standards.
Amendments include: making the requirements of the Wildlife Order applicable to the Crown and public bodies; making changes to the Environment (Northern Ireland) Order 2002 for the protection of ASSIs; strengthening the enforcement powers available to the police and the department’s wildlife inspectors; making reckless action that harms wildlife an offence; and stricter policing of birds’ nests and protected bird and sea-life species.
Another aspect of the Bill is that all departments would be committed to embracing nature conservation when carrying out their daily tasks.
The strengthening of enforcement powers for police would include the ability to stop and search an individual if they are believed to be in breach of any wildlife offences. They would also be permitted to seize and detain animals or items believed to be related to an offence. Police officers could enter any land, but are not permitted to enter a dwelling house unless they have gained permission from a lay magistrate. While on the land they could be accompanied by another person and would be permitted to take samples. If they seize an animal, they would have to present it to the magistrate’s court at the next convenient time so that a decision could be made on whether it is sold, liberated or destroyed.
In relation to wildlife inspectors, they would be permitted to enter and inspect any premises for verifying licensing issues. They must show identification but apprehending an inspector will be an offence. Inspectors are permitted to take a vet with them and only vets are allowed to take samples from living animals.
The DoE conducted a public consultation process between February and July 2008 and approximately 80 broadly supportive responses were received.
According to officials, there will be no additional financial burden on the public purse as a result of the Bill.
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First stage |
30 November 2009 |
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Second stage |
12 January 2010 |
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Committee report |
15 April 2010 |
Tags: Statute Summary
