Birmingham Anglers Association :: Re: Fladbury - Worst result in living memory

Viewing 1 to 1 (1 Total) Re: Fladbury - Worst result in living memory
MrChub Total Posts: 45 Joined: April 1, 2020	Apologies but this is complex. However the effects could be serious for us all, so please stick with it. Recent exchanges about pollution and enforcing the laws designed to protect the environment have been much in evidence in recent weeks, not least on this forum. We all know (to our cost) that where the authorities (for whatever reason) take a less than active approach to law enforcement it is the environment (and our ability as anglers to enjoy our fishing) which is foremost amongst the casualties. If the law as it stands is enforced it fires a warning shot about the real world consequences to would-be polluters. Now the government is proposing to change the law under clause 1 of the Judicial Review and Courts Bill, which is coming before Parliament for approval. As the law stands today judges must to provide a remedy where an offence is proved; a ’quashing order’ which in effect means that the (polluter’s) decision which caused the offence must be reversed. This stops the offence from being repeated or continuing. The intention of clause 1 of the proposed bill is to remove this protection, by in effect weakening the remedy, directing or encouraging judges to opt for remedies other than a quashing order. It does not take a genius to work out what will happen to potential cases taken to court. Only a fool would launch a legal case where there is no guarantee of an effective outcome where the offence is proved. It renders the whole exercise as expensive and pointless and offers no protection. Nothing will change and it provides a green light for a wild west outcome. The BAA along with other member clubs of the Angling Trust have been sent details about the simple, cost-free steps they can take to try to resist this threat and encourage MPs to seek amendments to the bill to maintain the current protections. It is to be hoped that the will BAA choose to add their voice to those other angling clubs in seeking to stop this weakening of our protections. Remember it is not the law as it stands which allows such offences to proliferate, it is the lack of enforcement. if the law is weakened a bad situation will only get worse. Each of us can assist by asking our MP to push for amendments to proposed clause 1 in parliament. Will you do so? Posted on December 14, 2021 at 9:02 AM

Viewing 1 to 1 (1 Total)

Re: Fladbury - Worst result in living memory

MrChub

Total Posts: 45

Joined: April 1, 2020

Apologies but this is complex. However the effects could be serious for us all, so please stick with it.

Recent exchanges about pollution and enforcing the laws designed to protect the environment have been much in evidence in recent weeks, not least on this forum. We all know (to our cost) that where the authorities (for whatever reason) take a less than active approach to law enforcement it is the environment (and our ability as anglers to enjoy our fishing) which is foremost amongst the casualties. If the law as it stands is enforced it fires a warning shot about the real world consequences to would-be polluters.

Now the government is proposing to change the law under clause 1 of the Judicial Review and
Courts Bill, which is coming before Parliament for approval. As the law stands today judges must to provide a remedy where an offence is proved; a ’quashing order’ which in effect means that the
(polluter’s) decision which caused the offence must be reversed. This stops the offence from being repeated or continuing.

The intention of clause 1 of the proposed bill is to remove this protection, by in effect weakening the remedy, directing or encouraging judges to opt for remedies other than a quashing order. It does not take a genius to work out what will happen to potential cases taken to court. Only a fool would launch a legal case where there is no guarantee of an effective outcome where the offence is proved. It renders the whole exercise as expensive and pointless and offers no protection. Nothing will change and it provides a green light for a wild west outcome.

The BAA along with other member clubs of the Angling Trust have been sent details about the
simple, cost-free steps they can take to try to resist this threat and encourage MPs to seek
amendments to the bill to maintain the current protections. It is to be hoped that the will BAA
choose to add their voice to those other angling clubs in seeking to stop this weakening of our
protections. Remember it is not the law as it stands which allows such offences to proliferate, it is the lack of enforcement. if the law is weakened a bad situation will only get worse. Each of us can assist by asking our MP to push for amendments to proposed clause 1 in parliament. Will you do so?

Posted on December 14, 2021 at 9:02 AM