asked Her Majesty's Government:

Further to the Written Answers by Lord Rooker on 1 October (WA 192) and 22 October (WA 72), whether it is legal under Section 2(b) of the Animal Welfare Act 2006 to restrain wild birds temporarily for the purpose of wing-tagging or web-tagging, under licence from Natural England; and [HL762]

Whether the Animal Welfare Act 2006 precludes Natural England from issuing licences for scientific study which involve the use of wing-tags and web-tags on wild birds. [HL763]

Licences can be issued by Natural England for the purpose of taking wild birds for scientific study, but do not permit actions prohibited by any other legislation, including the Animal Welfare Act 2006.

Under Section 2(b) of the Animal Welfare Act 2006, an animal is a “protected animal” if it is under the control of man whether on a permanent or temporary basis. Temporarily to restrain wild birds for the purpose of scientific study is, therefore, likely to render them “protected animals” under the legislation. A public consultation is, however, currently underway on whether wing-tagging should be added to the list of exempted procedures under the Mutilations (Permitted Procedures) (England) Regulations 2007.