Natural Environment and Rural Communities Bill

The lack of current powers under the Protection of Badgers Act 1992, as it was passed, is a major concern to the police when tackling crimes, particularly badger-baiting. The amendment will bring the Act into line with the provisions introduced in Scotland under an Act that I am sure the noble Duke knows well, the Nature Conservation (Scotland) Act 2004. While there are provisions in the Deer Act 1991 to enter and search without a warrant, those powers do not allow entry to dwellings, nor do they allow a general search of premises to obtain evidence. We believe the amendment will close a perceived gap in the legislation, but with the safeguards associated with a requirement to obtain a warrant. With regard to the Conservation of Seals Act 1970, the police are increasingly involved in cases relating to the shooting of seals, especially as the close season for grey and common seals in certain areas of England was extended. The 1970 Act has limited powers to search vehicles and boats. The police need wider powers. Looking around, I do not think that anyone in the Committee today was present when the Destructive Imported Animals Act became law. The police currently have powers to seize and detain any animals that are imported or are attempted to be imported in contravention of the Act, but no power to enter premises to search for such animals. All this arose, as the noble Duke may recall, because a chief constable expressed concern about the apparent disparity between the enhanced powers proposed for wildlife inspectors in the Bill and those of constables. The view of ACPO is that the current drafting of the Bill would unintentionally shift primary responsibility for enforcing wildlife crime from the police to wildlife inspectors. This amendment—and I hope the noble Earl will be delighted to hear this—seeks to restore that balance to some extent. On Question, amendment agreed to. Schedule 5, as amended, agreed to. Clause 52 agreed to. Schedule 6 [Wildlife offences: time limits for proceedings]: