Oral Answers to Questions

Gavin Shuker Excerpts

Thursday 30th June 2011 Commons Chamber

[Gavin Shuker (Luton South) (Lab/Co-op)]

I appreciate the Minister’s response, but it appears that confusion still reigns at DEFRA. After last Thursday’s vote, an official in the Department said:

“Given that a ban is not an immediate possibility, we will proceed with a tough licensing regime”.

That prompts an obvious question: why does the Minister continue to frustrate the will of the House? Will he commit himself to introducing a ban during the current parliamentary Session?

[Mr Paice]

I wish that the hon. Gentleman had listened to what I said. The fact is that it is unlawful for a Minister to legislate if he knows that it is unlawful to do so. According to all the advice that we have been given, using section 12 of the Animal Welfare Act 2006 would be extremely likely to raise a judicial challenge, which would not benefit the position.

I have made it clear that we are taking the matter forward. We are exploring all avenues, both in the Department and more widely outside Government, in trying to find the best way of satisfying the desire of the House.