In Attendance: Mr J Simmons (Committee Clerk)
Miss J Adair (Assistant Clerk)
Mr J Beatty (Assistant Clerk)
Mr J Nulty (Executive Support)
Miss M Devine (Administrative Support)

This agenda item was postponed until next week's meeting to allow the Department to resolve difficulties with the wording of a proposed amendment.

Present: Rev Dr Wm McCrea (Chairperson)
Mrs J Carson
Mr A Doherty
Mr D Ford
Mr J Leslie
Mr D McClarty
Mr M McLaughlin
Mr M Murphy
Mr E Poots

In Attendance: Mr J Simmons (Committee Clerk)
Miss J Adair (Assistant Clerk)
Mr J Beatty (Assistant Clerk)
Mr J Nulty (Executive Support)
Mr M McCourt (Administrative Support)

Ms Judena Goldring and Mr John Milburne, Officials from the Department of the Environment joined the meeting at 10.37 am. They gave a presentation on the wording of the proposed amendment and answered Members' questions.

In Attendance: Mr J Simmons (Committee Clerk)
Miss J Adair (Assistant Clerk)
Mr J Beatty (Assistant Clerk)
Mr M McCourt (Administrative Support)

Ms Felicity Boyd and Dr Howard Platt, Officials from the Department of the Environment joined the meeting at 10.34 am. They gave a brief presentation explaining the inclusion of an additional phrase to the Department's proposed amendment to clause 2.

The Committee then gave formal Clause by Clause consideration of the Bill.

The Chairperson thanked the Officials for their attendance and they left the meeting at 10.45 am.

Agreed: That the Secretariat would provide a draft Committee Report for consideration at next week's meeting.

Present: Rev Dr Wm McCrea (Chairperson)
Mrs J Carson
Mr A Doherty
Mr D Ford
Mr J Leslie
Mr D McClarty
Mr M Murphy
Mr E Poots
Mr D Watson

In Attendance: Mr J Simmons (Committee Clerk)
Miss J Adair (Assistant Clerk)
Mr J Beatty (Assistant Clerk)
Mr J Nulty (Executive Support)
Mr M McCourt (Administrative Support)

Members considered the draft Report on the Game Preservation (Amendment) Bill.

Agreed: That the Report be ordered to be printed.

Monday 17 September 2001

Members present:
Rev Dr William McCrea (Chairperson)
Mr A Doherty
Mr Ford
Mr McLaughlin
Mr Watson

Witnesses:
Mr B Murphy ) Department of the Environment
Dr H Platt ) Environment and Heritage Service,
Mr J Milburne ) Department of the Environment

1.

The Chairperson: Gentlemen, I welcome you to this morning's Committee session.

2.

Mr Murphy: Dr Harold Platt is an assistant director of conservation science in the Environment and Heritage Service and Mr John Milburne is a wildlife inspector.

3.

The purpose of the Bill is to amend the Game Preservation Act (Northern Ireland) 1928 to extend the partridge shooting season to include September each year. The change will bring the open season in Northern Ireland into line with the rest of the United Kingdom. The Bill is in response to representations made by local enterprise to extend the partridge shooting season for commercial purposes. The extension is fully supported by organisations that represent shooting interests in Northern Ireland.

4.

There are no conservation objections to the proposal, as the native grey partridge is now extinct in Northern Ireland due to a lack of suitable habitat, and there are no plans to reintroduce it by means of a specific initiative. All partridges shot during the open season are artificially reared and introduced to the wild by shooting organisations or game farmers so that they are fully acclimatised in time for the start of the open shooting season.

5.

The Bill will also consolidate the provisions of an earlier Statutory Rule to extend the open season for snipe. The Department is also taking this opportunity to make provision in the Bill to amend section 7 of the Game Preservation Act (Northern Ireland) 1928, which prescribes the close season for game, in order to enable the close season to be varied in future by means of subordinate legislation should the need arise.

6.

The Bill will also make a minor amendment to section 7A of the 1928 Act, which deals with the absolute protection of game and rabbits at certain times. That section makes provision for the lawful

"shooting of rabbits on any agricultural land. by an occupier of that land or by any person resident with or employed by him."

7.

That will be amended to read: "any person authorised by him."

8.

The Bill will enable Orders made by the Minister under the 1928 Act to be subject to negative resolution of the Assembly.

9.

A full public consultation was carried out. In addition to the Committee for the Environment and other statutory consultees, some 370 organisations and individuals were asked how they felt about the extension proposal. Those asked included the Council for Nature Conservation and the Countryside, which is the Department's statutory advisory body on nature conservation, and the relevant environmental non-governmental organisations, which included the Royal Society for the Protection of Birds (RSPB), the Game Conservancy Trust, the Ulster Wildlife Trust and the National Trust. All district councils, organisations that represent farmers and landowners, the British Association for Shooting and Conservation (BASC), and all licensed shooting clubs were also asked how they felt about the proposal.

10.

We received 66 responses, the majority of which favoured the proposed Bill. Consequently, the Department decided to proceed because it was satisfied that no sound objections existed to extend the open season for partridges on conservation grounds. However, following the Second Stage debate, the BASC asked the Department to consider an amendment to further relax the provisions that control the shooting of rabbits. In effect, the amendment would apply the exemption for agricultural land to all land. The BASC amendment would allow the shooting of rabbits at any time by any authorised person with any firearm. "Authorised persons" are defined as the owner, occupier, or any person authorised by the owner or occupier of the land on which the shooting is to occur. We are satisfied that there are no conservation objections to the BASC proposals. The proposed amendment would regularise current practice.

11.

We received 66 responses, the majority of which favoured the proposed Bill. Consequently, the Department decided to proceed because it was satisfied that no sound objections existed to extend the open season for partridges on conservation grounds. However, following the Second Stage debate, the BASC asked the Department to consider an amendment to further relax the provisions that control the shooting of rabbits. In effect, the amendment would apply the exemption for agricultural land to all land. The BASC amendment would allow the shooting of rabbits at any time by any authorised person with any firearm. "Authorised persons" are defined as the owner, occupier, or any person authorised by the owner or occupier of the land on which the shooting is to occur. We are satisfied that there are no conservation objections to the BASC proposals. The proposed

12.

We have sought the views of other interested Departments. There are no objections, provided that those who do the shooting are duly authorised and hold a valid gun licence. The police have confirmed that the amendment would bring the law into line with current practice and that sufficient controls are in place to ensure public safety. It is proposed to amend the Bill at Consideration Stage; the Department wrote to the Committee recently to that effect.

13.

The Chairperson: Thank you for that concise and clear exposition. Are there any questions before the Committee hears from the other interested bodies?

14.

Mr Ford: I am not completely clear on a few issues. I presume that the occupier includes anyone who rents land by conacre, or by any longer-term lease. Is there a definition in common law of "occupier" that corresponds with the common sense interpretation of "occupier"?

15.

Mr Murphy: The definition we use is similar to that used in the Wildlife (Northern Ireland) (Amendment) Order 1995. We are satisfied that that covers the type of eventualities that you mention.

16.

Mr Ford: Does "authorisation" mean verbal authorisation or retrospective verbal authorisation? Can authorisation cover an indefinite period or must it be confirmed every time?

17.

Mr Murphy: The intention is that common sense would prevail. People have been shooting on those lands with permission and we do not envisage that situation to change. Authorisation would be given and, as that is largely custom and practice, permission would not be needed every time unless a landowner objected.

18.

Mr Ford: I presume that the issue of those who hold shooting rights over land, rather than the ownership of the land, relates to game and therefore that would not affect the shooting of rabbits.

19.

Mr Milburne: The term "occupier" in the definition of "authorised persons" includes anyone who has fishing or shooting rights. Such persons are deemed to be occupiers as well. Rabbits are ground game, so if people have game rights they automatically have the right to shoot rabbits.

20.

Mr A Doherty: Are the rights of rabbits any less than those of hares and other game? Are rabbits considered a lesser form of life?

21.

Mr Ford: They are immigrants.

22.

Mr Milburne: In the past century, rabbits have been no longer really classed as game in the public psyche: they are agricultural pests. The problem is that game legislation still exists and we must adjust it as is necessary to suit how rabbits are viewed.

23.

However, they were classed as game when that legislation was written. It was the prerogative of the landowner and the landlord to take game, and he was the only person who was originally allowed to do so.

24.

Mr A Doherty: My other question is a practical one. What is the procedure if somebody makes a complaint about a breach of the regulations? To whom do people complain, and what will happen? Is that purely a policing matter?

25.

Mr Milburne: Yes, that would be a policing matter. The RUC would enforce the legislation because it is criminal legislation.

26.

The Chairperson: Are there any more questions?

27.

Mr Ford: I have one other point. On previous occasions, Mr Leslie has raised the issue of the shooting season for partridges. He had concerns that the birds might not be adequately mature by 1 September. I cannot recall the comments that we have made to the Department on that issue, but do Mr Murphy and his colleagues wish to say anything?

28.

Mr Murphy: Our understanding is that birds would usually be mature, but the protocols that govern shooting would state that no responsible shoot would actually shoot an immature bird. That would be bad sport and bad practice, and that particular shoot would be in bad odour. Our colleagues from the BASC will be able to explain that more fully.

29.

Mr Ford: However, the Department is satisfied that no problem exists at present?

30.

Mr Murphy: Yes.

31.

The Chairperson: This concludes this morning's questions. It has been a relatively easy question time. You will probably want to listen to the comments that the BASC and the Countryside Alliance in Northern Ireland (CAiNI) will make. Do you intend to listen to what is being said, Mr Murphy? The Department may wish to comment further after the BASC and the CAiNI have finished their statements or it may prefer to respond in writing. I am attempting to determine the programme as far as the Department is concerned.

32.

Mr Murphy: If there are any issues that we could address today I would be grateful for the opportunity to do so. If a matter arises that we need to consider further, we will take it away and come back to you on it.

33.

The Chairperson: I would prefer matters or misunderstandings to be cleared up today, rather than wait to receive a written answer. That would be much better, as it enables the Committee to proceed more efficiently.

Monday 17 September 2001

Members present:
Rev Dr William McCrea (Chairperson)
Mr A Doherty
Mr Ford
Mr McLaughlin
Mr Poots
Mr Watson

Witnesses:
Mr R Gorman ) British Association for Shooting and Conservation
Mr W Chambré ) Countryside Alliance in Northern Ireland

34.

The Chairperson: I welcome you to this morning's Committee session, Mr Gorman and Mr Chambré. You have had the benefit of listening to the Department's contribution to the Committee, and you may wish to address the issues from your perspective. You may feel that some issues remain unanswered or are unclear. The departmental officials are still present, and they have kindly acceded to wait. If anything can be resolved this morning they will attempt to do so, or else they will clear it after further discussions with the Department.

35.

Mr Gorman: I shall lead off on the detail of the Game Preservation (Amendment) Bill. Mr Chambré has a specific issue that he wishes to raise at the end.

36.

I may have gained a reputation for making lengthy presentations in the past, but I can assure the Committee that I will compensate today by making a short presentation - for two reasons. Mr Murphy has outlined the background details and I have already submitted a detailed response, which I hope that the Committee has seen.

37.

Grey partridges are sadly extinct in Northern Ireland, and the general consensus is that that is largely due to changes in agricultural practices. There can be no objection to the Bill from a conservation viewpoint. Conversely, I believe that to extend the shooting season will encourage more organisers of shoots to rear and release partridges, which may help to reintroduce them into the wild again.

38.

The strongest argument in favour of the Bill is an economic one. Only a small number of organisers of shoots release partridges, but they are important economically in specific localities. There are one or two shoots on islands off the coast of Northern Ireland, but as they mainly take place in winter, many shooters find it almost impossible to attend. To bring the date of the gaming season forward slightly would make it easier for shooters to reach those locations. That is important, as many of those shooters travel from other parts of Europe, which can be expensive.

39.

Partridges can be fully mature by 1 September and therefore they can be considered sporting birds. However, that depends on how they are managed. If they are released at the appropriate time and managed properly, they can become sporting birds. If not, they might never become sufficiently mature to be considered a sporting bird.

40.

The way in which pheasants are reared and released in this country is a clear example of how the shooting community has a high level of self-regulation. The shooting season for pheasants begins on 1 October. Not all pheasants are sufficiently mature to become a shooting bird by 1 October. If they are not, those pheasants will not be shot.

41.

Weather conditions, management et cetera influence when the shooting season begins. However, the season should be allowed to start on 1 September. With the appropriate management and self-regulation, which has been sufficiently evident in the past, the practice presents no moral or sporting difficulties. The issue is reasonably straightforward and we are in agreement with the officials.

42.

There are conflicting pieces of legislation that relate to the shooting of rabbits in Northern Ireland. The Game Preservation Act (Northern Ireland) 1928 classes rabbits as game. Provision is made to give them a certain amount of protection from hunting at night and on Sundays. The most recent legislation, the Wildlife (Northern Ireland) Order 1985, does not include rabbits in its definition of game.

43.

The BASC amendment would not change any gaming practice. It would not lead to more rabbits being shot, or to an increase in the hunting pressure upon rabbits. It simply clarifies the existing legislation - aspects of which are conflicting - and brings it into line with current practice. It will not lead to a decline in the rabbit population. Rabbits are clearly considered agricultural pests, and controls are needed to deal with them.

44.

Other pieces of legislation in place with which people must comply. The current firearms legislation - the Firearms (Northern Ireland) Order 1981 - makes it a serious criminal offence for anyone to be on land without the appropriate authorisation. Regardless of how the terminology changes, people will still have to comply fully with that stringent legislation. There is still a level of protection for all wild animals in legislation such as the Wildlife (Northern Ireland) Order 1985, which specifies certain methods by which rabbits can be captured.

45.

This is not a free for all;. it is common sense, which would bring outdated legislation into line and make it more practical, workable and easily understood. People can comply with legislation only when they understand it.

46.

The Chairperson: Do you accept the Department's suggestion on the shooting of rabbits?

47.

Mr Gorman: The Department has suggested the wording that I suggested to it, so we are in complete agreement on the issue.

48.

The Chairperson: That is an unusual position to be in. However, it proves that when representations are made, they are listened to. Differences existed at the beginning of the exercise, but now there seems to be agreement.

49.

Mr McLaughlin: Following correspondence between the Committee and the Department, the BASC's proposed amendment to section 7A of the 1928 Act would allow the shooting of rabbits at any time by any authorised person with any firearm. Does that include short arms?

50.

Mr Gorman: The Department has paraphrased our proposed amendment. We make no reference to the use of any specific firearm. The amendment reads that rabbits can be taken at any time by "authorised persons". We do not propose the terminology "with any firearm". However, the police will only authorise certain types of firearms for the control of rabbits, namely shotguns, low calibre rimfire rifles and air rifles. Short arms, centrefire rifles, and any high calibre rifles would not be allowed. Mr McLaughlin's understanding is based on a slightly inaccurate paraphrasing of our proposed amendment.

51.

Mr Ford: I am impressed that BASC can apparently make suggestions verbatim, and the Department will accept them. It would be useful to invite the Department back to check the formal wording.

52.

I noticed that your submission refers to "authorised persons". To make that clear, that may need to read "landowner or person authorised by him". We are debating the precise legal form of words; we have all agreed on what we are trying to do, which is a step forward.

53.

What sanctions would there be if someone who runs a shoot allowed the shooting of immature birds? Could the BASC take sanctions against such people? I accept that the majority of people do not act in such a way, but what would be the consequences if they did?

54.

Mr Gorman: We have given much thought to the term "authorised persons" and the proposed amendment. We did not want to use "landowner", "occupier", "authorised by", because in Northern Ireland there are instances in which the landowner does not have the right to pursue game on his property. Therefore, an authorised person has different connotations.

55.

The term "authorised person" is clearly defined in the Wildlife (Northern Ireland) Order 1985. Landowners and occupiers are more or less included in that definition. We suggest adhering to that definition.

56.

There would be no legal sanctions. However, there is nothing to stop people from releasing partridges on 30 September and shooting them on 1 October. That does not happen because the main shoots are largely commercial. As in any commercial enterprise, people will pay for a good product. People will not pay for a poor product. The ultimate sanction is that shoots that do not adhere to best practice will dwindle. That has occurred regularly in the sport's recent history.

57.

We also have a good shooting code of practice, to which all the representative bodies for shooting sports in the UK have signed up. The code of practice makes specific provision for rearing and releasing game birds, particularly partridges, pheasants and ducks. It specifies minimum ages at which birds should be shot, latest release dates and other best practice issues. That has been adhered to stringently. If the BASC become aware of any operation that does not adhere to the best practice model, we will ensure that it is not affiliated to our organisation, which is the representative body for the sport. That is a major indictment for any operation. We shall also do what we can to stamp out that malpractice. For several decades, the BASC has had a track record of doing that Northern Ireland, but sadly there is the odd rogue.

58.

Mr Chambré: The Countryside Alliance in Northern Ireland (CaiNI) welcomes the extension of the partridge shooting season, because of the tangible economic benefits it would bring to Northern Ireland. We also fully support the BASC amendment, which would clarify existing legislation on the shooting of rabbits.

59.

Our concerns are more general. None of the provisions, other than the extension of the partridge shooting season, was included in the Department of the Environment's consultation document on the Bill. We circulated our brief on the Bill at Second Stage and Committee members should have received a copy of that. Some Members raised the matter in the Assembly.

60.

Two significant provisions would allow the Minister to vary the game shooting seasons by Order subject to negative resolution. That legislative process would deny the Assembly the opportunity to debate the Order. The Countryside Alliance feels that the amendment is not a technical one, as the Minister described it at Second Stage. It is significant because shortening the season could have a detrimental effect on commercial game shooting, which is worth £50 million to the economy of Northern Ireland. There is also the environmental consideration - shoots afford protection to both flora and fauna at no cost to the public purse, as we said in our briefing document.

61.

Shoots have an incentive to preserve habitats. Any change to the shooting seasons should be debated fully in the Assembly, rather than be allowed to go through on the nod. We are prepared, at this juncture, to support the provisions in the Bill. However, we are unhappy about the lack of consultation, which allows the Department to make changes to the shooting season on the nod, with no debate in the Assembly.

62.

The Chairperson: Do you object to the procedure?

63.

Mr Chambré: Yes. Our objection is that the proposal that variations to the shooting season should be made by negative resolution was not included in the consultation document.

64.

The Chairperson: Although you object to the procedures, you do not object to the individual parts of the Bill with which the Minister is proceeding.

65.

Mr Chambré: We are uncomfortable about the idea that the Minister should be allowed to vary the close shooting seasons for game by Order subject to negative resolution. We accept that the Bill will streamline things, but we feel that that issue deserves proper debate and should have been included in the consultation document. We support the extension of the partridge season and the amendment proposed by BASC. We would not wish to see those provisions jeopardised, but the Department must ensure that MLAs and members of the public are properly consulted on any future measures.

66.

The Chairperson: Your submission is worthy of serious consideration by the Department. We will take the matter up, because it concerns the manner in which legislation is progressed. I would like you to confirm that that is the only issue about which you are uncomfortable. I assume that you are not uncomfortable with the two other issues - the extension of the partridge shooting season and the amendment that has been proposed by BASC.

67.

Mr Chambré: The Countryside Alliance in Northern Ireland fully supports those. Our concerns are procedural and concern the fact that the other provisions in the Bill should have been included in the consultation document, especially the provisions that allow the Minister to vary the close seasons for shooting game by negative resolution. Our concern is that, if those provisions are enacted, there will be no need for a Bill such as this.

68.

The Chairperson: I will be interested to hear what the Department has to say on the issue.

Monday 17 September 2001

Members present:
Rev Dr William McCrea (Chairperson)
Mr A Doherty
Mr Ford
Ms Hanna
Mr McLaughlin
Mr Poots
Mr Watson

Witnesses:
Mr B Murphy ) Department of the Environment
Mr J Milburne ) Environment and Heritage Service, Department of the Environment

69.

The Chairperson: I would be grateful if the departmental officials could respond to the points raised by the witnesses from the British Association of Shooting and Conservation (BASC) and the Countryside Alliance in Northern Ireland (CAiNI).

70.

Mr B Murphy: Two issues were identified. First, Mr Gorman has submitted the wording of the proposed amendment, and we have broadly accepted the spirit of it. The suggested wording is appropriate to the measure, but we will take advice from the Office of the Legislative Counsel to ensure that it addresses the issues that Mr Ford and Mr McLaughlin raised. Secondly, negative resolution is normal procedure for this type of legislation. For example, the Wildlife (Northern Ireland) Order 1985 provides for changes to the seasons to be made by the same method. Of course, a change to the season could have a commercial impact, but we are proposing the amendment in response to representations from the commercial shooting sector, so we are not unsympathetic to that.

71.

At this stage, we cannot envisage circumstances that would lead us to amend the legislation to change the season. If such a change did take place, it would be done purely for conservation reasons. If there were a major conservation issue, I would expect that the BASC and the Countryside Alliance would support that approach. Mr Gorman referred to the fact that shooting promotes the conservation of the species. I am reasonably satisfied that that will not be an issue.

72.

Legislation of this kind does not go through on the nod. There would be public consultation on any proposed change to the season. The Committee would be involved in that consultation and would, subsequently, have the opportunity to question officials about the legislation.

73.

The Chairperson: There are genuine concerns about the need for proper consultation. The Committee will listen to any concerns - from the two organisations from whom we have heard today or others - and, if we have to involve the Department, we will do so. It is important that the Department has listened to the views that have been expressed.

74.

However, we must clarify the wording of the amendment. You referred to the spirit of the amendment that has been suggested by the BASC, but the Committee must know the precise wording. Otherwise, we cannot give it the nod, as we might find that a word had been slipped in later that we could not accept. Will you come back on Thursday with the wording?

75.

Mr Murphy: We hope to have the wording cleared with the Office of the Legislative Counsel by Thursday. The Committee wrote to the Department about the consultation process, and we acknowledged that we had not included certain things. However, we gave an undertaking that we would include everything in any future consultations. When the Bill was published, all the main interested parties who responded to us got a copy of the Bill and the explanatory memorandum.

76.

The Chairperson: Open consultation is of vital importance. If there is no consultation, people will be suspicious about that. There is no need for suspicion.

Thursday 4 October 2001

Members present:
Rev Dr William McCrea (Chairperson)
Mrs Carson
Mr A Doherty
Mr Ford
Mr Leslie
Mr McClarty
Mr McLaughlin
Mr M Murphy
Mr Poots

Witnesses:
Ms J Goldring ) Department of the Environment
Mr J Milburne )

77.

The Chairperson: You are very welcome. Thank you very much indeed for joining us. Ms Goldring will give a presentation, after which we shall have questions. If you wish to comment, Mr Milburne, please feel free to do so.

78.

Ms Goldring: We are here to talk about the amendment in front of you. With the Committee's leave, I should like to take a few minutes at the outset to give you some insight into the work of the Environmental Policy Division. It is very important that the Committee is fully informed and aware of the work we currently face. A few weeks ago I took up a new post with the division, having previously been director of the Office of Law Reform for five years. For the previous five years I had worked as a lawyer, giving advice on policy and legislation. I therefore bring considerable experience of policy and legislation to this division.

79.

The first thing I should like to stress to the Committee is the hugeness of the task facing us all - and when I say "us", I mean everyone engaged in the legislative process. The enormous volume of work is driven by the European Union, and 25 or 30 Directives must be implemented. Those are only the ones which face us now, but there are large numbers coming over the horizon constantly.

80.

The second matter concerns the imperatives and pressures behind that. The work is absolutely necessary, for in quite a number of those areas we are in infraction proceedings in the courts. Since the European Union is taking a much tougher stance on the issue, we have the real prospect of very heavy fines; the amounts of money are huge. We shall be out on our own in many cases. There is a very substantial backlog, and new Directives are coming across. We now face Directives which will cause us to be in proceedings in six months or a year unless we act on them now. Other pressures are coming on to do with health and safety.

81.

You would really need to be in the division to see exactly the kind of resourcing pressures there are, and we shall have to be exceedingly careful in the near future about how we prioritise our resources. The major priority must be to get our environmental legislation through, for we stand under the threat of proceedings on that count.

82.

I should like to move on to the clause before us today. You shall all have seen the draft. I am content that it puts in place what was agreed in principle. The British Association of Shooting and Conservation (BASC) amendment concerned the relaxation of the provisions controlling the shooting of rabbits. I believe that properly implements what was agreed at the last meeting.

83.

It is another of those examples where something seems very simple at the outset, but when one goes into it, one finds there are a great many consequential factors flowing from it. We have had to amend other legislation as a result of the amendment in question, but it is all in order.

84.

The Chairperson: Is the wording in accordance with the promise given to us?

85.

Ms Goldring: Absolutely. It fulfils the policy agreed at the last meeting.

86.

The Chairperson: Was it in the spirit of what the other groups which made representation at the last meeting were talking about?

87.

Ms Goldring: I am quite sure they will be fully satisfied.

88.

The Chairperson: That covers our concerns. We wished to be sure that it reflected what was promised to us then. If there are no questions, there is no point in continuing for the sake of it. We deeply appreciate your presence, Ms Goldring and Mr Milburne, and your keeping that promise to us. Thank you very much.

Thursday 11 October 2001

Members present:
Rev Dr William McCrea (Chairperson)
Mrs Carson
Mr A Doherty
Mr Ford
Mr Leslie
Mr McClarty
Mr McLaughlin
Mr M Murphy
Mr Poots
Mr Watson

Witnesses:
Mrs F Boyd ) Department of the Environment
Dr H Platt )

89.

The Chairperson: Good morning. I welcome Mrs Felicity Boyd and Dr Howard Platt to the Committee.

90.

Mrs Boyd: As indicated in the Department's letter of 3 October 2001 to the Committee, the Department and the Department of Agriculture and Rural Development have been finalising the consequential amendments to the Forestry Act (Northern Ireland) 1953 as a result of the relaxation of the restrictions on the shooting of pest rabbits contained in the revised clause 2. That was the amendment raised by the British Association of Shooting and Conservation (BASC). These amendments have now been agreed.

91.

I will give some essential background to the change that is now contained in Section 7A (3) of the latest version of clause 2 - the insertion of "the Forestry Act (Northern Ireland) 1953". Section 10(1) of the Forestry Act provides for the prevention of damage in the vicinity of tree-planted land by rabbits, and allows for the Department of Agriculture and Rural Development to serve a written notice on the owner/occupier of the infested land requiring that, within three months, effective steps be taken to prevent the damage.

92.

Should that not be successful, Section 10(2) of the Forestry Act enables the Department of Agriculture and Rural Development to authorise in writing a person to enter on that land and take care of the problem during a specified period not exceeding 12 months. In effect, it gives the Department of Agriculture and Rural Development the right to take measures to cure the infestation. For this power to remain in force, it is necessary to add the Forestry Act to section 7A(3) of clause 2, which specifies the Acts that are exempt from the authorisation requirement within the Bill.

93.

The Chairperson: The groups that made representation to us have confirmed that they are happy with what is proposed.

94.

Mrs Boyd: Yes, they are content.

95.

The Chairperson: Any member wanting to comment can do so now.

96.

I wish to read the following information into the record. Officials from the Department attended a meeting on Thursday 4 October 2001 to address the wording of the proposed amendment to clause 2 relating to section 7A of the Game Preservation Act (Northern Ireland) 1928 on those authorised to shoot rabbits, and the land on which rabbits may be shot.

97.

The amendment was originally proposed by the British Association of Shooting and Conservation and supported by the Countryside Alliance in Northern Ireland (CAiNI), which gave a presentation to the Committee on 17 September 2001. At last week's meeting, officials confirmed that the new clause 2 and the associated repeals schedule provided by the Department in its letter of 3 October 2001 deal effectively with the concerns raised by BASC and CAiNI, and meet all the necessary legal requirements.

98.

BASC and CAiNI responded to the Committee on 8 October 2001 confirming that they were content with the wording of the new clause. The Department has now forwarded, by way of a letter dated 9 October 2001, an additional paragraph to its proposed amendment to clause 2. That reflects the Department of Agriculture and Rural Development's wish to insert an exemption that allows the Forest Service to enter rabbit-infested lands without authorisation from the owner/occupier to remove or destroy rabbits. Officials gave a short presentation at this morning's meeting, explaining that addition, and the Committee is content with it. Both BASC and CAiNI were notified of the additional paragraph to the proposed amendment, and they confirmed yesterday that they are content.

99.

We now move to the formal clause-by-clause deliberation of the Game Preservation (Amendment) Bill. We thank the departmental officials for being here to answer any questions that members might have.

100.

Question proposed: That the Committee agrees that clause 2 should be amended as directed by the Minister of the Environment in the Department's letters to the Committee dated 3 October and 9 October 2001 -[The Chairperson.]

101.

Question, That the Committee is content with the clause, as amended, put and agreed to.

102.

Question proposed: That the Committee agrees to the inclusion of a repeals schedule and amendment to the long title of the Bill made necessary by the amendment as directed by the Minister of the Environment in the Department's letters dated 3 October and 9 October 2001 -[The Chairperson.]

103.

The Chairperson: The Committee thanks the departmental officials for their attendance today.

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May 2001

The British Association of Shooting and Conservation (BASC) is the UK's largest shooting organisation with in excess of 120,000 subscribing members. BASC has its own office and full-time professional staff in Northern Ireland, based at Ballymena Co Antrim. With over 6,000 members in Northern Ireland, BASC is recognised as the representative body for shooting sports by all the relevant statutory agencies and the voluntary sector. BASC is the Voice of Shooting in Northern Ireland.

With approximate expenditure of £50 million annually in Northern Ireland shooting is a major component of the rural economy. Shooting provides a major incentive for the management of land - its conservation achievements are recognised by the Environment & Heritage Service through a Joint Statement of Common Interest with BASC.

BASC is an expert and informed body specialising in the sustainable management of shooting sports and focussed on the issues that affect these sports. This is our emphasis in formulating the response to this proposed bill. Our members have 'hands on' management responsibility for large areas of Northern Ireland's countryside, we therefore have a range of land management skills and expertise directly relevant to this issue.

BASC strongly welcomes the proposal to extend the shooting season for partridges, so that it commences on 1 September annually. There can be no sustainable conservation objections to this proposal, as wild grey partridges are now extinct in Northern Ireland. In fact the proposed extension will act as a positive conservation stimulus by encouraging more shoots and landowners to rear and release partridges into the wild.

There are currently a small number of commercial shoots in Northern Ireland, providing for the tourist market, this proposal will greatly enhance the commercial viability of these shoots, which make an important contribution to the rural economy.

There is also little doubt that with the appropriate management, partridges can be fully mature by 1 September, indeed the shooting season for partridges commences on 1 September in England, Scotland and Wales.

The proposal to amend the 1928 Act, as it relates to the shooting of rabbits is clearly an attempt to bring an old outdated piece of legislation into line with more recent legislation (Wildlife (Northern Ireland) Order 1985). Confusion has existed for sometime as to the precise legal position of shooting rabbits at night-time and on Sundays as we have had two conflicting pieces of legislation. However, it is current practice in many areas to shoot rabbits at night-time and on Sundays and almost all the relevant authorities condone this. BASC believe that good legislation must be clear and reasonable. The current proposed amended legislation still contains unclear references and must be changed.

Section 7A of the 1928 Game Act says:

BASC strongly recommend that this legislation should read:

This proposal differs from that contained within the Game Preservation (Amendment) Bill in one significant way, it removes any reference to land type ie agricultural lands. Land types are notoriously difficult to define in law and any reference to land types would leave the new legislation unclear therefore defeating the purpose for the amendment in the first place. There is very strict Firearms Legislation, which clearly governs precisely where shooting can take place. Furthermore there are no geographical limitations or restrictions in terms of land type placed on the shooting of any other quarry and this clearly has not given rise to any concerns.

Any reference to land type is unclear, unnecessary and unworkable and MUST therefore be removed.

Furthermore the amended bill would permit an occupier of land or persons authorised by him to shoot rabbits at night-time and on Sundays again the terminology used is less than accurate. In Northern Ireland not all landowners own the shooting rights to their lands and is not therefore in a position to authorise third parties. We have a peculiar means of letting lands - conacre, on which the occupier has permission to take a crop but again is not able to authorise other persons to shoot on these lands in many instances. The current wildlife legislation uses the term 'authorised persons' to describe a broad spectrum of people who may shoot on certain lands - it is clearly defined in the Wildlife (Northern Ireland) Order 1985. BASC strongly recommend that similar terminology be used in the Game Preservation (Amendment) Bill.

16 May 2001

I am writing on behalf of the Countryside Alliance in Northern Ireland (CAiNI) with regard to the Game Preservation (Amendment) Bill, which was introduced into the Assembly on 14 May 2001. CAiNI was established to represent, promote and preserve the rights and interests of those involved in life in the countryside, including countryside dwellers and workers, country sportsmen and women, farmers, landowners and supplier of countryside goods and services.

Under the Game Preservation (Northern Ireland) Act 1928 rabbits are classified as ground game and this has resulted in confusion on where and when they can be legally shot as under the Wildlife Order 1985 they are not specifically protected; it may therefore be implied that they may considered to be a pest.

We argue that the current legislation requires clarification and that there should therefore be a change in the existing law to allow for rabbits (long regarded as pests) to be shot on Sundays and at night on "any" land rather than just "agricultural" land, as is currently the case. This would include golf courses, public amenity land, sports pitches, open moorland and bog land where the shooting of rabbits is currently illegal on Sundays and at night. As well as allowing for effective pest control on a large number of sites presently outside the existing legislation, it would prevent any problems in the future that might arise.

CAiNI proposes that the Committee table the following amendment to the Game Preservation (Northern Ireland) Act 1928.

In section 7A of the 1928 (prohibition on shooting of rabbits at certain times on agricultural land) "agricultural" be omitted.

This amendment has been drawn up in consultation with the British Association of Shooting and Conservation.

We would be happy to discuss this with the Committee.

CAiNI welcomes the main provision in this Bill, which allows for the extension of the partridge shooting season. This will bring tangible benefits to the Northern Ireland economy - attracting greater numbers of overseas visitors to our shoots. However, we have grave concerns about Clause 1 (3), which would allow the Minister in future to vary the close season for all types of hare, grouse and other game birds by subordinate legislation. This provisions, which was not included in the DOE's consultation paper on the Bill, would deny the Assembly the opportunity to properly debate proposed future changes to the shooting seasons that would have serious implications for our countryside.

By way of example, shortening the shooting season for game birds would mean less money for rural areas. It would reduce the incentive to employ gamekeepers and others employed by shoots. There would also be less incentive to maintain habitats because the financial incentive would be diminished. Landowners would make-up losses by converting more of their land, for example, to arable and it is generally accepted that agriculture practices is the biggest single threat to biodiversity in the Northern Ireland countryside. The spin-off from shoots is that they help preserve flora and fauna. Shoots put a large amount of money into conserving areas at no cost to the public purse. It is therefore important that Assembly be allowed to properly consider changes to the shooting seasons - changes that, if adverse, would be detrimental to our economy and environment.

Under the Game Preservation (Northern Ireland) Act 1928 rabbits are classified as ground game whereas the Wildlife Order 1985 they are not specifically protected. This has resulted in confusion on where, when and by whom they can be legally shot.

CAiNI welcomes clarification of who may shoot rabbits in the Clause 2 amendment. This proposes that "authorised" should be substituted for "resident with or employed" in section 7A of the 1928 Act. However, we are again disappointed that the public was not consulted on this amendment. We argue that it does not go far enough as it should also allow for rabbits - long regarded as pests - to be shot on Sundays and at night on "any" land rather than just "agricultural" land, as is currently the case. This would include golf courses, public amenity land, sports pitches, open moorland and bog land where it is currently unlawful to shoot rabbits at night and on Sundays.

We propose that a further minor amendment to the 1928 Act should be included in Clause 2 of the Game Preservation (Amendment) Bill to allow for the omission of the word "agriculture" from section 7A of the legislation. Clause 2 (the changes are in bold) should therefore instead read:

As well as allowing for effective pest control on a large number of sites presently outside the existing legislation, this small amendment would prevent any problems in the future that might arise.

There are also concerns about Clause 3, which allows for all Orders made by the Minister under the 1928 Act to be subject to negative resolution. Again, the DOE did not consult on this provision. As outlined above, Clause 1 (2) allows the Minister to vary by Order the close seasons for game and thereby deny a proper debate on proposed changes. By making all such Orders subject to Negative Resolution, rather than Confirmatory or Affirmative Resolution, the opportunities for MLAs to consider proposed changes to shooting seasons are further diminished.

7 September 2001

The Executive Committee approved a proposal from the Minister on 14 December 2000 to the drafting of a Bill to amend the Game Preservation Act (NI) 1928, primarily to extend the partridge shooting season; however the opportunity was also being taken to amend section 7A of the 1928 Act in relation to the shooting of rabbits. The Executive Committee subsequently approved the introduction of the Bill to the Assembly which took place on 14 May. You will be aware that the Bill is currently at the Committee stage and officials are due to attend the Committee to discuss the Bill on Thursday 13 September 2001. In that connection you may wish to note that the officials attending will be Brian Murphy (Principal Officer, DOE Environmental Policy Division), Howard Platt (Assistant Director, Conservation Science Unit, EHS) and John Milburne (Wildlife Inspector, EHS).

Section 7A of the 1928 Act currently allows the shooting of rabbits with a firearm except on Sundays and at night; however this restriction does not apply to agricultural lands where rabbits can be shot at any time by the occupier or "any person resident with or employed" by the occupier. The Game Bill proposes to substitute "authorised" for "resident with or employed".

The British Association of Shooting and Conservation (BASC) has asked the Department to consider an amendment to relax further the provisions controlling the shooting of rabbits; in effect, to apply the exemption for agricultural land to all land.

Under BASC's proposed amendment, Section 7A of the 1928 Act would allow the shooting of rabbits, at any time, by any authorised person, with any firearm; "authorised person" would be defined as the owner or occupier, or any person authorised by the owner or occupier, of the land on which the shooting is to take place.

The Minister is satisfied that there are no conservation objections to the BASC proposals; the prosecution/offence provisions on the prohibition of cruel methods of taking rabbits, as regulated by Article 12 of the Wildlife (NI) Order 1985, will remain intact and there is no scarcity of rabbits at present through disease or other reasons. The proposed amendment will have the effect of regularising what is current practice.

Officials have also sought the views of other interested Departments. Provided those doing the shooting are duly authorised and hold a valid gun licence, there are no objections. The Police have confirmed that the amendment would bring the law into line with current practice and that there are sufficient controls in place to ensure public safety.

The Minister proposes therefore to amend the Bill as described at the Consideration Stage.

3 October 2001

Amendment to be moved at Consideration Stage to Clause 2 dealing with the Shooting of Rabbits.

At close of the first meeting with the Environment Committee on 17 September, the Chairman asked that officials return with a draft of the amended Clause 2 in Bill form. The new Clause 2 and associated Repeals Schedule are now enclosed for the Committee's consideration.

Although the amendment sought looked relatively simple, the underlying legislation is quite complex. Section 7A required so much amendment that it has been totally replaced and the redrafted Clause 2 is now accompanied by a Repeals Schedule. Discussions have also been required with DARD in relation to the consequential changes to the Diseases of Animals (NI) Order 1981 and the Forestry Act (NI) 1953.

Set out below is a guide to the contents of the enclosed new Clause 2 of the Bill.

7A(1) retains the provision making it an offence to kill, take or destroy any game other than rabbits on a Sunday or at night.

7A(2) makes it an offence for rabbits to be shot on any land by an unauthorised person thereby allowing an authorised person to shoot rabbits on any land.

7A(3) allows for duly authorised DARD officials, including vets, to kill, take (for vet testing) or destroy any rabbit under the Diseases of Animals (NI) Order 1981 in the event of a risk of transmitting disease to livestock.

7A(4) defines authorised person for the purposes of 7A(2) above as the owner or occupier of the land/a person who holds the shooting rights of the land/or a person duly authorised by any of the former for that purpose.

Note that the former restriction in section 7A of the 1928 Act, only allowed rabbits to be shot on agricultural land at any time by an owner/occupier or a person authorised by him. The above revision implements the BASC proposal to enable pest rabbits to be shot on any lands and at any time, subject to the usual restrictions (authorised person with valid gun licence - a game licence is not required as rabbits, within this revision, are being removed from the game category). Rabbits were defined as ground game alongside hares for the purposes of the Ground Game Acts 1880 and 1906. The purpose of those Acts being to allow farmers to control hares or rabbits which are causing damage to their crops.

The remainder of the new Clause 2 - deals with the removal of the restrictions affecting rabbits and their classification as ground game as contained in the Ground Game Acts. Consequently, the 1906 Ground Game Amendment no longer serves any useful purpose and is being repealed.

The Forestry Act (NI) 1953 together with the Miscellaneous Transferred Excise Duties Act (NI) 1972 (section on Game Licences) are also being amended to remove the associated restrictions on the control of rabbits.

DARD are still liasing with the Department on the proposed consequential amendments to the Forestry Act.

As you are already aware the Minister proposes to amend the Bill accordingly at the Consideration Stage.

Leave out clause 2 and insert -

'Protection of game and rabbits

"Protection of game and rabbits

7A (1) Any person who kills, takes or destroys any game -

(a) on a Sunday; or

(b) during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day,
shall be guilty of an offence under this Act.

(2) Any person who -

(a) at any time kills, takes or destroys any rabbit by means of a firearm on any land; and

(b) is not an authorised person in relation to that land,
shall be guilty of an offence under this Act."

(3) Subsection (2) does not apply in relation to the killing, taking or destroying of any rabbit in pursuance of any power conferred by or under the Diseases of Animals (Northern Ireland) order 1981 (NI 22).

(4) For the purposes of subsection (2) a person is an authorised person in relation to any land if he is, or is authorised by -

(a) the owner or occupier of the land; or

(b) a person who has a right of shooting on the land."

(2) In section 9 of the Forestry Act (Northern Ireland) 1953 (c.2) (right of occupier to kill rabbits damaging trees) in subsections (1) and (2) the word "rabbits", wherever it occurs, shall be omitted.

(3) In section 10 of that Act (prevention of damage caused by rabbits, etc) subsection (3) shall be omitted.

(4) In the Ground Game Act 1880 (c.47) (right of occupier to kill and take hares and rabbits) -

(a) in section 1, in subsection (1) -

(i) for the words "duly authorised by him in writing" there shall be substituted "authorised by him"; and

(ii) paragraphs (a), (b) and (c) shall be omitted;

(b) in section 1, subsection (3) shall be omitted; and

(c) section 10 shall be omitted.

(5) In the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (c.11) -

(a) in section 29(3) (persons not required to have game licence) for paragraph (c) there shall be substituted -

"(c) any occupier of any land, or any person authorised by him, engaged in the killing or taking of ground game on that land;";

(b) in section 35(4) (sale by occupier of ground game killed or taken on his land) for the words from "duly authorised" to the end substituted "authorised by him to kill and take ground game";

(c) in section 37(1) (restriction on sales to licensed game dealers) the words "in accordance with the Ground Game Acts" shall be omitted;

(c) in section 41(c) (saving for rights of occupier under Ground Game Acts) for "Acts" there shall be substituted "Act 1880";

(d) in section 42 (interpretation) the definition of "the Ground Game Acts" shall be omitted.

(6) The statutory provisions set out in the Schedule are repealed to the extent specified in the second column of the Schedule.'

After clause 4 insert -

In the long title, at the end insert 'and to amend the law relating to the killing, taking or destroying of rabbits and hares'.

8 October 2001

Thank you for the redrafted Clause 2 of the Game Preservation (Amendment) Bill to allow the shooting of rabbits by any authorised person on any lands.

I am happy with the wording of this Clause as it accurately reflects my proposed wording and it is clear.

8 October 2001

This is to confirm that CAiNI is happy with the proposed BASC amendment to Clause 2 that deals with the shooting of rabbits. We understand that this is to be moved at Consideration Stage.

9 October 2001

You will recall that the Department's letter of 3 October, prior to Officials' attendance at the Committee on 4 October, indicated that the Department and DARD-Forestry Service were finalising amendments to the Forestry Act (NI) 1953 (the 1953 Act) consequential to Clause 2 of the Bill. These have now been agreed.

Section 10(1) of the 1953 Act provides for the prevention of damage caused by rabbits and vermin in the vicinity of tree planted land and allows for DARD to serve on the occupier/owner of the infested land, a written notice requiring that effective steps be taken to prevent the damage within 3 months. Should this not have any affect section 10(2) enables DARD to authorise in writing a person to enter the infested land and kill, take, or destroy the rabbits or vermin thereon during any specified period not exceeding 12 months.

Section 7A(3) now contains an exemption which allows the Forestry Service to enter infested lands without authorisation from the owner/occupier to remove or destroy rabbits.

You are already aware that the Minister proposes to amend the Bill at Consideration Stage.

Leave out clause 2 and insert -

'Protection of game and rabbits

"Protection of game and rabbits

7A (1) Any person who kills, takes or destroys any game -

(a) on a Sunday; or

(b) during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day,
shall be guilty of an offence under this Act.

(2) Any person who -

(a) at any time kills, takes or destroys any rabbit by means of a firearm on any land; and

(b) is not an authorised person in relation to that land,
shall be guilty of an offence under this Act."

(3) Subsection (2) does not apply in relation to the killing, taking or destroying of any rabbit in pursuance of any power conferred by or under the Diseases of Animals (Northern Ireland) order 1981 (NI 22).

(4) For the purposes of subsection (2) a person is an authorised person in relation to any land if he is, or is authorised by -

(a) the owner or occupier of the land; or

(b) a person who has a right of shooting on the land."

(2) In section 9 of the Forestry Act (Northern Ireland) 1953 (c.2) (right of occupier to kill rabbits damaging trees) in subsections (1) and (2) the word "rabbits", wherever it occurs, shall be omitted.

(3) In section 10 of that Act (prevention of damage caused by rabbits, etc) subsection (3) shall be omitted.

(4) In the Ground Game Act 1880 (c.47) (right of occupier to kill and take hares and rabbits) -

(a) in section 1, in subsection (1) -

(i) for the words "duly authorised by him in writing" there shall be substituted "authorised by him"; and

(ii) paragraphs (a), (b) and (c) shall be omitted;

(b) in section 1, subsection (3) shall be omitted; and

(c) section 10 shall be omitted.

(5) In the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (c.11) -

(a) in section 29(3) (persons not required to have game licence) for paragraph (c) there shall be substituted -

"(c) any occupier of any land, or any person authorised by him, engaged in the killing or taking of ground game on that land;";

(b) in section 35(4) (sale by occupier of ground game killed or taken on his land) for the words from "duly authorised" to the end substituted "authorised by him to kill and take ground game";

(c) in section 37(1) (restriction on sales to licensed game dealers) the words "in accordance with the Ground Game Acts" shall be omitted;

(c) in section 41(c) (saving for rights of occupier under Ground Game Acts) for "Acts" there shall be substituted "Act 1880";

(d) in section 42 (interpretation) the definition of "the Ground Game Acts" shall be omitted.

(6) The statutory provisions set out in the Schedule are repealed to the extent specified in the second column of the Schedule.'

After clause 4 insert -

In the long title, at the end insert 'and to amend the law relating to the killing, taking or destroying of rabbits and hares'.

10 October 2001

Just a short note to confirm that I am happy with the proposed Amendment to sections 10(1), (2) and section 7A(3) of the above Bill. I have spoken to the Countryside Alliance who support my view. I would now encourage you to process this piece of legislation ASAP.

If I can be of any further assistance please do not hesitate to contact me.

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