Seanad Éireann debate -
Thursday, 24 Feb 1927

Vol. 8 No. 8

PUBLIC BUSINESS. - WILD BIRDS PROTECTION (AMENDMENT) BILL, 1927—THIRD STAGE.

(1) If any person uses as a decoy any live bird which is tethered or is secured by means of braces or other similar appliances or which is blind, maimed or injured, or uses birdlime or any substance of a like nature for the purpose of taking or capturing alive or attempting to take or capture alive any wild bird, he shall be guilty of an offence against this Act.

(2) Where any person is convicted of any offence under this section, the Court may, in addition to any penalty that may be imposed, order any live decoy bird used by such person for the purpose of taking or attempting to take any wild bird to be forfeited and disposed of as the Court may direct.

Mr. LINEHAN

I move:—

Section 1, sub-section (1). To delete in lines 21-22 the words "or uses birdlime or any substance of a like nature."

The system of capturing birds by the use of birdlime is the most humane method that could be adopted. No injury is done to the bird and no suffering is inflicted. The bird, when caught, is placed in a cage where it is fed and comfortably housed. It is in more favourable circumstances than birds who are still at liberty who will have to face a rigorous and severe winter and very often go without food and shelter.

CATHAOIRLEACH

Would you apply that to ourselves?

Mr. LENIHAN

It does not appear to be the object of the Bill to prevent altogether the capture of wild birds, but I observe in a subsequent section that provision is made for the size of the cage in which wild birds have to be confined. I take it if it were intended to prevent their capture there would be no necessity for that clause in the Bill. In order that birds should be confined in proper cages it is first necessary to catch them. If there is a better or more humane method of doing so I do not know of it. If it is the intention of the Bill to prevent cruelty to wild birds it is very strange that there is no mention of the gun as an engine of destruction. There is evidently to be a different law for people who use bird lime and those who use guns. I strongly object to having that in a Bill to be passed by the Seanad.

CATHAOIRLEACH

The object of this Bill is confined to catching birds alive. A gun would not be very handy for that purpose.

Mr. LINEHAN

A certain number of birds would be killed by the gun; others will not be killed but wounded. We have in the Zoo a number of birds confined. If the Seanad wish to prevent the capture of birds their capture should be prevented universally. If they allow the capture of birds I know of no more humane method of catching them.

Mr. BROWN

This amendment would defeat one of the main objects of this Bill. Senator Linehan says that the capture of birds with birdlime is a most humane mode of capturing birds. There would be some truth in that, if you captured all the birds that were bird-limed. The real cruelty of setting birdlime for the purpose of capturing birds is that the majority of birds so caught get off. They go away with this dreadful matter sticking to their feet; they stick on everything they alight on and die of starvation in a few days. It is the most cruel form of capturing birds, not for the birds who are taken alive but for those who get away.

Amendment put and declared lost.

Mr. HAUGHTON

I move:—

Section 1, sub-section (1). After the word "nature" in line 22 to insert the words "or any spring, trap, gin or other similar instrument calculated to cause bodily injury to any bird coming in contact therewith."

Mr. BROWN

That amendment is much too wide. It would prevent a number of methods for capturing birds which may occasionally cause bodily injury. It is taken from the Bill which is at present in the Commons in England. You are not allowed to put a cairn of stones or anything that could injure the bird. The amendment would be altogether too wide for this Bill.

Amendment, by leave, withdrawn.

Mr. HAUGHTON

The following amendment stands in my name:—

"New Section. Before Section 3 to insert a new section as follows:—

3.—(1) It shall not be lawful for any person to take any bird for the purpose of sale alive unless he holds a certificate granted under this section authorising him so to do:

Provided that no certificate granted under this section shall—

(a) authorise the taking in any highway or public place, or on any common, of any bird for the purpose of sale alive; or

(b) be deemed to authorise the holder thereof to kill or take any bird in contravention of any of the provisions of this Act.

(2) A certificate authorising the taking of birds for the purpose of sale alive may be granted by the Superintendent of the Gárda Síochána in the District in which the applicant for the certificate resides and any such certificate shall remain in force until the first day of March, 1928 and may be renewed from time to time: any certificate so granted shall be available only in the District in which it is granted, but may be endorsed by the Superintendent of the Gárda Síochána of any other District so as to be available in that District.

(3) An application for a certificate or for the renewal or endorsement of a certificate granted under this section shall not be refused unless the applicant has been convicted of an offence which, in the opinion of the Superintendent of the Gárda Síochána, renders the applicant unfit to hold such certificate.

(4) There shall be payable on grant of a certificate under this section such fee not exceeding five shillings or on the renewal or endorsement of a certificate not exceeding one shilling as the Minister for Justice may prescribe."

I hope this amendment will be inserted in a Bill to be brought forward by the Government, if not by private members in the near future. Anyone that catches a bird for profit should be certified with a nominal fee. Only yesterday a friend of mine in the train saw, at Ballybrophy Station, over a hundred gold-finches in miniature cages going to be shifted across the Channel. There was no regard to the suffering that would be entailed.

Amendment not moved

Mr. BENNETT

I move:—

New section. Before Section 3 to insert a new section as follows:—

3.—(1) Any person taking or destroying the eggs of the lapwing or of the plover between the first day of March and the first day of August in any year shall be guilty of an offence under this Act.

(2) Where any person is convicted of an offence under this section, the Court shall in addition to any penalty that may be imposed order the eggs taken by such person to be forfeited and disposed of as the Court may direct.

This is largely necessary because the lapwing is one of the most useful birds to the farmer. He consumes endless larvæ. England has taken measures to preserve its plover, and if the gourmands are prevented from taking the eggs in England they will come over here for them.

Mr. BROWN

They are birds that are exceedingly useful to the farmer. There are no birds that do so much good for the farmer as the lapwing and the plover. I am sorry to say that in my own time they have practically disappeared.

CATHAOIRLEACH

With regard to this amendment, it is a little awkward that it does not prescribe the period of imprisonment

Mr. BROWN

Section 3 defines the penalty, and I think it might come before that section.

Mr. HAUGHTON

Would it not be necessary to make some provision that the bird itself should be protected as well as its eggs?

Mr. BROWN

Under the present law the bird is protected during the months from March to August. It is one of the scheduled birds that you cannot shoot or kill during those months.

Mr. O'HANLON

I would like to know if the amendment is relevant. The Bill is called the "Wild Birds Protection Bill." This amendment is introduced to protect their eggs, and I am wondering whether it is relevant at all to the Bill.

CATHAOIRLEACH

The Senator's point is rather an ingenious one, but as the eggs are the potential family of the bird the amendment is in order.

Amendment put and agreed to.

Title agreed to.

The Seanad went out of Committee.

Bill reported with amendments.