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Baroness Amos: I thank all noble Lords for welcoming the order and for the recognition that we all want to see hate crime stamped out.
The noble Lord, Lord Glentoran, asked specifically about the impact on the prison population. We think that we will see some increase in the length of sentences since we are giving the courts extra powers, but we do not envisage the prison population soaring. However, sentencing is a matter for the courts.
On the issue of police resourcing, raised by the noble Baroness, Lady Harris—I should say first that I thank her for her positive comments about the Police Service of Northern Ireland following her visit, and in the spirit of Northern Ireland business debated in Grand Committee I thank her for not scoring political points today—we are fully committed to ensuring that the Chief Constable is sufficiently resourced to deliver an efficient and effective policing service. As the noble Baroness is aware, in the current financial year some £726.3 million has been made available to maintain the day-to-day policing service in Northern Ireland. While the level of resources available is crucial to effective policing, so too is ensuring that the best use is made of those resources.
The Police Service of Northern Ireland workforce plan, launched in 2002, is currently under review. It addresses a number of key issues where changes and improvements are making a significant contribution to better policing. The police were involved in the consultation on this and did not indicate that they thought that additional resources would be required.
I turn to the issues raised by the noble Baroness in respect of disability. As the noble Baroness is aware, racial and homophobic incidents are already being monitored. Attacks on the disabled and those motivated by religious hatred will be recorded in line with the commencement of the legislation in September.
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The recording of hate crime involving hostility towards victims because of their disability will follow the guidelines that came out of the review as a result of the Stephen Lawrence inquiry, so crimes will be recorded as disability hate crimes if they are perceived as such by victims or by any other person. The victim's disability will also be recorded.
Voice recognition can already form part of evidence which can be used to secure convictions. The Police Service of Northern Ireland will consider a range of measures when implementing hate crime legislation. The police are supportive of practices and initiatives that help and protect vulnerable people.
The noble Lord, Lord Rogan, questioned the number of prosecutions. The Chief Constable has increased patrols in relevant areas and has taken steps to ensure that victims are more ready and able to come forward. That high visibility patrolling is aimed at both reducing incidents and improving contact with local communities. That is because the police need community support if they are to be able to address crime in all its forms. The Government have already introduced special direction measures, including live video links, by way of the Criminal Evidence (Northern Ireland) Order 1999 to protect vulnerable or intimidated witnesses.
On the timing of the introduction of these provisions, this is our first appropriate legislative opportunity after the consultation. We are going further than in England and Wales by proposing penalties of five years' imprisonment for aggravated vehicle taking and dangerous driving, which is in direct response to our public consultation. I hope that I have addressed all the points that have been raised.
On Question, Motion agreed to.
Dangerous Wild Animals (Northern Ireland) Order 2004
Baroness Amos: I beg to move that the Grand Committee do report to the House that it has considered the draft Dangerous Wild Animals (Northern Ireland) Order 2004.
This order would introduce provisions broadly in line with those already in force in Great Britain by the enactment of the Dangerous Wild Animals Act 1976, as modified by the Dangerous Wild Animals Act 1976 (Modification) Order 1984. The main purpose of the order is to address public safety and animal welfare concerns through the introduction of a licensing, inspection and enforcement scheme to regulate the keeping of dangerous wild animals by private individuals. The scheme will be centrally administered by the Department of the Environment.
The main provisions of the order will require any person wishing to keep a dangerous wild animal as defined in the schedule to the order to obtain a licence from the department prior to taking ownership of the animal. A licence will be valid for a period of 12 months or such longer period as the department
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shall determine. The keeping of a dangerous wild animal without a licence will be an offence and persons under 18 years of age will not be able to apply for a licence.
It will require the department to perform a range of checks on all applications. These checks will relate to the applicant, the accommodation and the conditions in which the animal will be kept. In addition, the department will also be required to receive a report from a veterinary surgeon or other person deemed suitably competent by it.
It will require the department to set a number of mandatory conditions for any licence it may grant. These will relate to matters such as the welfare of the animal, the person or persons entitled to keep the animal, the number or type of animal that can be kept and the place where the animal is to be kept. The department will also be free to apply other conditions as it sees fit.
The order provides applicants with a right of appeal to a magistrates' court against any decision by the department to refuse a licence or against any conditions imposed on the grant of a licence. It will create an offence where the requirements of a licence are not complied with. It will also give the department powers of entry and inspection for the purposes of assessing an application or determining if the requirements of the legislation or of an existing licence are being complied with.
The order will give the department powers to seize any animal where the requirements of the legislation or of a licence are not being complied with. The department will also be given powers to destroy a seized animal, under veterinary supervision, or otherwise dispose of it. It will give owners the right of appeal within 21 days to a magistrates' court against seizure and prohibit the department destroying or otherwise disposing of a seized animal before the appeal has been determined. It establishes penalties for any person found guilty of not complying with the requirements of the legislation. Courts will be given power to cancel existing licences or disqualify any such person from keeping dangerous wild animals.
It will provide transitional arrangements for existing owners to make arrangements to apply for a licence. It will also provide for the legislation to come into operation by way of a commencement order so that all supporting administrative arrangements are in place to ensure public safety. It will give the department the power to modify the schedule that defines dangerous wild animals.
Following strong representations from key respondents during the consultation process, two provisions not included in the original draft order have now been added. These additional provisions are set out in Article 8, which makes it an offence to give or sell a dangerous wild animal to any person who has not produced a valid licence to keep the animal in question, and paragraphs (4) to (15) of Article 9, which provide for a transitional voluntary surrender scheme for existing animals for a period of three months after the coming into operation of the main provisions of the order.
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This draft order fills an important gap in the Northern Ireland statute book in relation to both public safety and the welfare of dangerous wild animals in private collections. It will provide a robust licensing and enforcement regime to control the keeping of these animals. It will also bring Northern Ireland into line with the rest of the United Kingdom while including other provisions which reflect the particular needs and circumstances of Northern Ireland.
Moved, That the Grand Committee do report to the House that it has considered the draft Dangerous Wild Animals (Northern Ireland) Order 2004.—(Baroness Amos.)
Lord Glentoran: My Lords, we have nothing inherently against this order. However, it is a detailed and heavy-duty order that encompasses a lot of restrictions and rules. I wonder, therefore, and challenge gently the proof of the need for this legislation—other than in zoos and so forth, which I think I am right in saying already have their own licensing and regulatory regimes. I am concerned that we are perhaps legislating for the sake of legislating. I accept the need to protect the public and the necessity to protect animals of any type, let alone wild and dangerous ones, so I find it strange that at this particular juncture in time someone has thought that we need this legislation.
I have only two questions. I imagine that if someone wants a licence to look after a dangerous wild animal, they will have to pay something for it. Has that been considered and what might be the cost of such a licence? Do the Government anticipate making a profit? Against that, I wonder what will be the cost of administering the order. Is it possible that the Government will find themselves landed with considerable extra costs?
Aside from those queries, I have no particular feelings about this order.
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