---

Natural Environment and Rural Communities Bill

My Lords, I shall try to be brief. I apologise. There will be many cases where we want to issue codes relating to non-trade activities, such as the cultivation, breeding and keeping of species, hybrids and cultivars. We would not want to imply that codes could not be issued in relation to those. We appreciate that the intent behind Amendment No. 127 is to make those people who fail to comply with the code of practice issued or approved under Clause 50 liable to criminal or civil proceedings. That would elevate the codes to a status that we believe is totally inappropriate. Most introductions are not deliberate and these codes are intended to guide rather than to legislate. I draw a parallel with the Highway Code. Much as failure to comply with many of the provisions in those codes is not an offence in itself, it may be used as evidence in court proceedings under the Traffic Acts to establish liability. Failure to comply with a Clause 50 code may be used in court as evidence of whether a defendant can come within the terms of the defence of taking reasonable steps, and exercising due diligence to avoid committing an offence under Section 14 of the Wildlife and Countryside Act 1981. I hope that that will reassure the noble Baroness with regard to Amendment No. 127. I apologise for detaining the House at this hour, but there is great interest in this, and I will write to noble Lords if I have left out anything that would be of additional help. I hope that the noble Baroness will not need to press her amendment to a vote.