Glue Traps (Offences) Bill

Debate between Kerry McCarthy and Jerome Mayhew

Committee stage
Wednesday 19th January 2022 Public Bill Committees

[Jerome Mayhew (Broadland) (Con)]

It is a pleasure to serve under your chairmanship, Mr Dowd. I pay tribute to my hon. Friend the Member for Wolverhampton North East. What a great addition to our legislation the Bill will make when, as I hope, it becomes an Act. I have been persuaded by the arguments on Second Reading about the cruelty of glue traps that their use should be limited. I know that she is aware of my support for the purposes of the Bill.

However, I have one concern about the drafting, which I raised in the House on Second Reading, relating to clause 1(5). It states:

“A person commits an offence if the person—(a) finds a glue trap in England that has been set in a manner which gives rise to a risk that a rodent will become caught in the glue trap,”—

in other words, one that has been set and is active—

“and (b) without reasonable excuse, fails to ensure that the glue trap no longer gives rise to such a risk.”

I have in mind the innocent bystander or passer-by who comes across a glue trap that they did not set, perhaps because they are not the owner of the premises. The clause, as currently drafted, creates a presumption of guilt against the finder. In harsh terms, it shifts the burden of evidence away from the prosecution to establish their motives, to the defendant to establish reasonable excuse and to explain why they did not take effective steps to put the glue trap out of commission.

My question, which I hope the Minister will be able to address in her remarks, is what would amount to a reasonable excuse under this drafting? Would ignorance of the law relating to pest control amount to a reasonable excuse? Although many of our constituents are well versed in the legislation around pest control, some are not. In fact, I would suggest that 99% of those innocent bystanders or passers-by would have no idea if a glue trap is an illegal device and whether its application in that context is licensed or otherwise.

[Kerry McCarthy]

I am glad that the hon. Gentleman has raised this point, because I had that flagged as a concern as well. For a start, what does “finds a glue trap” mean? Someone renting a holiday cottage on a farm, riding a horse at a stables or renting an office might come across one. There are so many circumstances in which it would be absolutely nothing to do with them and they would be in no way culpable by being there.

There is also knowing what to do. When the clause says

“fails to ensure that the glue trap no longer gives rise to such a risk”

it sounds as if the person that finds it is expected to dismantle it. Most people would not have the slightest idea how to go about that safely.