Natural Environment and Rural Communities Bill

Clause 44 contains the powers available to inspectors authorised by the Secretary of State in England, and the National Assembly in Wales, to investigate an offence under section 43 of the possession of a prescribed pesticide. During the Committee stage in the other place, suites of amendments were introduced in response to concerns raised about the apparent wide-ranging nature of these powers. A further two amendments were introduced on Report, to require inspectors to have regard to the codes of practice under which they will be operating. I will deal briefly with each of the amendments in turn. Amendment No. 11 rules out on the face of the Bill the possibility of speculative visits, an issue about which the hon. Member for South-East Cambridgeshire (Mr. Paice) was especially concerned in Committee. Much effort was expended in finding a form of words that achieved the right balance between protecting the rights of the individual while not constraining inspectors to such a degree that they could not enter unless they believed that a prescribed pesticide would be found on a particular premises. For example, we do not wish to prevent inspectors from entering where a poisoned bait has been found at or near several properties where pesticides are likely to be used and where it is not certain on which of these properties the pesticide would be found. The form of words adopted will allow entry in those circumstances while allowing inspectors to be challenged to justify what the grounds for suspicion are. We also looked closely at all the powers that are available to an inspector once he or she is on the premises to see whether any should be disapplied in respect of the pesticide offence in clause 43. Amendment No. 12 removes the ability to require a statement of truth when questioning people about substances found on their premises. That power was considered unnecessary in view of the power to require information already contained in clause 44(1)(b). Amendment No. 13 introduces three new subsections that clarify the rights of the person in the event that the substance is seized from their premises as evidence of an offence under clause 43 by setting out the procedure relating to its retention. That will ensure that property rights are not eroded by the investigation process. A person may make a claim to have the seized substance returned, for example by providing evidence that they have a defence under clause 43(3). During the course of the Bill’s passage, we have made it clear that my Department intends to issue codes of practice to inspectors exercising their powers in relation to the possession of prescribed pesticides and to wildlife inspectors exercising their powers as set out in schedule 5. It is appropriate that inspectors must have regard to such codes. Amendments Nos. 14 and 40 therefore not only provide the mechanism by which the Secretary of State can issue codes of practice relevant to the duties of inspectors, but place an obligation on inspectors to have regard to any provision of such codes when discharging their functions. Amendment No. 41 extends current powers of constables to obtain warrants under section 19(3) of the Wildlife and Countryside Act 1981 to four other Acts where police currently have only very limited powers of entry: the Destructive Imported Animals Act 1932, the Conservation of Seals Act 1970, the Deer Act 1991 and the Protection of Badgers Act 1992. The powers would allow constables, under a warrant issued by a justice of the peace, to enter and search premises for evidence where there are reasonable grounds for suspecting that an offence has been committed and that evidence may be found on those premises. Those extended powers would ensure that wildlife protection legislation is complied with and that wildlife crime can be more effectively investigated. They also provide greater consistency across the main wildlife legislation.