Your chance to comment on proposed wildlife law changes

The Law Commission has opened a public consultation to assess ways of modernising wildlife legislation. Here are the Law Commission’s explanatory notes:

“The current law regulating wildlife is spread over a collection of Acts dating back to 1831. The original purpose of much of the law was to govern activities such as hunting and fishing, including poaching. Over the years it has expanded to conserve certain species, ensure the welfare of wildlife and protect local biodiversity from invasive species.

The result is a legal landscape that is out of date, confused and often contradictory. For example, the hunting, management and welfare of pheasants is governed by four separate statutes. Much of the older legislation is out of step with modern requirements, and the principal modern Act – the Wildlife and Countryside Act 1981 – has been amended to such a degree that it is difficult for any non-specialists to use.

The proposals we are putting forward in this consultation aim to simplify the existing complex framework, placing wildlife law into a single statute. The new regime would reduce the current dependency on criminal law, by allowing an appropriate mix of regulatory measures such as guidance, advice and a varied and flexible system of civil sanctions – such as fines and bans”.

The consultation period opened on 14 August 2012 and will close on 30 November 2012. The Law Commission’s recommendations are not expected to be published until mid-2014.

Although the consulation paper may look complex and daunting, it actually isn’t when you look at it section-by-section. The paper poses specific questions e.g. Do consultees think that the current sanctions for wildlife crime are sufficient? as well as more general questions, e.g. Do consultees think that there should be a wildlife offence extending liability to a principal….? (in other words, they’re asking for your view on vicarious liability).

The consultation only covers a review of wildlife legislation in England and Wales – not Scotland. However, this limited scope does not exclude any Scottish participants, so if you’ve got views on wildlife laws, this is the time to be heard. Already, the huntin’, shootin’, fishin’ brigade are mobilising their troops to encourage a mass response. You can imagine what their responses to most of the questions will be. It’s essential that the conservationists are heard with equal force. Don’t just leave it to the big groups (e.g. RSPB) to speak out – have your own say and let’s make sure the Law Commission reviewers understand our collective strength of feeling.

The Law Commission’s wildlife law consultation paper here

One thought on “Your chance to comment on proposed wildlife law changes”

  1. May I suggest that, as a minimum, everyone responds to the consultation stating that as a general principle the Review should result in strengthening of protection of wildlife and that it should not result in protection being weaker or less effective.

    In your own words obviously!

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