HC Deb 26 October 1920 vol 133 cc1545-6
44. Mr. MACQUISTEN

asked the Secretary for Scotland whether he is aware that a horse affected with or suspected of parasitic mange was on 17th March, 1919, sold by Mr. James Halliday, farmer, Parks Farm, Kirkpatrick Juxta, Dumfriesshire, to Mr. John Lowther, March House, Beattock, and consigned by the latter to Glasgow market, where it was exposed for sale on 19th March, 1919, and purchased by Mr. William M'Crindle; whether the Chief Constable of Dumfriesshire reported to the local authority of the county in April last James and Thomas H. Halliday, farmers, Parks Farm, Kirkpatrick Juxta, Dumfriesshire, for contravening the Parasitic Mange Order, 1911, Article 2 thereof; whether the local authority of Dumfriesshire declined or refrained from prosecuting Messrs. Halliday; and if he will investigate the circumstances of this case and call on the said local authority to explain and justify their refusal to fulfil their statutory duty under the Parasitic Mange Order, 1911.

The PARLIAMENTARY SECRETARY to the MINISTRY of AGRICULTURE (Sir Arthur Boscawen)

The facts of the case, which are substantially as stated, were brought to the notice of the Ministry in March, 1920, by the Glasgow local authority. The local authority of Dumfriesshire refrained from prosecuting Messrs. Halliday on account of the difficulties which had arisen as regards expenses incurred in connection with the institution of legal proceedings under the Diseases of Animals Acts. The Ministry regrets that such a position should have arisen, but the difficulties referred to have now been removed, and it is not anticipated that the local authority of Dumfriesshire will fail to carry out their statutory duties in this respect in the future.

Mr. MACQUISTEN

But if they refuse to carry them out, what is to be done? Is a local authority, for the sake of a few shillings in legal expenses, not to take action in a dangerous case like this, affecting the whole live stock of a large community? Does the right hon. Gentleman think that the mere question of expense is an adequate excuse, and will he bring these authorities under some power of construction to compel them to execute their duties? It would be a much better expenditure than some of the expenditure on education.

Sir A. BOSCAWEN

I have already stated that the difficulties which arose have been adjusted. The Ministry has power, where a local authority refuses to act, to act itself. It did not consider it necessary to do so in this particular instance.