HC Deb 10 June 1921 vol 142 cc2229-32

(2) The prohibition on importation imposed by this Act shall not apply to any plumage imported in the baggage or as part of the wearing apparel of a passenger, if, in the opinion of the Commissioners of Customs and Excise, that plumage is bonâ fide intended and is reasonably required for the personal use of the passenger.

(3) The Board of Trade may by Order add to or remove from the Schedule to this Act the name of any bird.

(5) Any person importing plumage under a licence granted in pursuance of this Section shall on importation deliver to an officer of Customs and Excise a written declaration as to the nature of the plumage and the purpose for which it is imported, and any person importing any plumage which is alleged to be excepted from the prohibition on importation imposed by this Act shall, if so required, deliver to an officer of Customs and Excise a written declaration as to the nature of the plumage and the ground on which it is alleged to be so excepted.

(6) Anything authorised or required under this Section to be done to or by the Board of Trade may be done to or by the President, a secretary or an assistant secretary, of the Board, or to or by any person authorised in that behalf by the President of the Board.

Sir P. LLOYD-GREAME (Secretary, Department of Overseas Trade)

I beg to move, in Sub-section (2), to leave out the words, "in the baggage or."

I gave an undertaking, when the Bill was in Committee, that if, on consultation with the Customs, it was found to be possible, I would move to omit these words. The object is that this provision should not be used as a cloak for imported plumage which is not in fact wearing apparel, and if these words are struck out it will be clear that it cannot be used to cover what I may call a trade in importation.

Mr. TREVELYAN-THOMSON

This Amendment received a large measure of support in the Committee, and there was an understanding then that if the Board of Trade could see their way to accept this slight alteration the promoters and those who were in opposition would agree.

Mr. BARTLEY DENNISS

This is really an extremely important Amendment, because, if these words remain in the Bill, any quantity of feathers of rare birds could be imported into this country, and the object of the Bill, which is to prevent the extermination of rare birds, would be defeated altogether. The opposition, in which I took part, moved in Committee, to strike out these words, for two reasons. The first was strategical, and the second was that by those who, if they got proper protection under the Bill, would be perfectly willing and anxious to protect as far as possible all birds that were in danger of becoming rare, it was thought that to leave these words in the Bill would be to incur that very danger, and, indeed, to render the Bill almost nugatory. Under those circumstances, although there was an honourable understanding that the Bill, if possible, should not be altered after it left the Committee, I for my part—and I believe I speak for most of the opponents of the Bill with whom the understanding was come to—am prepared to accept the Amendment.

Amendment agreed to.

Sir P. LLOYD-GREAME

I beg to move, in Sub-section (3), to leave out the words The Board of Trade may by order add to or remove from the Schedule to this Act the name of any bird, and to insert instead thereof the words Where an application is made to the Board of Trade for the addition to or removal from the Schedule to this Act of the name of any bird, the Board may, after taking into consideration the recommendation made in the matter by the Advisory Committee to be appointed under this Act, by Order add to the said Schedule or remove therefrom, as the case may be, the name of that bird. This is really a drafting Amendment. A Clause was inserted in Committee establishing an advisory committee to the Board of Trade, and, if this provision were not inserted, it might be possible for the Board of Trade to make an order one way or the other without consultation with the Committee. This makes it clear that the Committee will be consulted.

Mr. B. DENNISS

I am very much obliged to the hon. Gentleman for making this proposal so to amend the Bill as to remove what may be a difficulty, and to remove doubts as to the proper interpretation of the Clause. As far as I am concerned I accept the Amendment, and I think it will be accepted both by the supporters and by the opponents of the Bill.

Amendment agreed to.

Sir J. D. REES

I beg to move, in Sub-section (5), after the word "deliver" ["shall on importation deliver to an officer of Customs and Excise a written declaration'], to insert the words "within the period of one year."

I can make clear the object of this Amendment in a very few words. I may say at once that, if a period of one year is considered excessive, it would meet my case if a lesser period were provided—say six months, or even three months. If the notice must be delivered on importation, a case of rare specimens is very liable to be ruined. I can best explain the point by taking a concrete case. I am acquainted with a gentleman of high character and scientific qualifications who has a museum. He and his curator go to the uttermost ends of the earth to get specimens. Last year they were away in September, October, and November. Suppose that this gentleman found some rare things in some distant desert, and sent a consignment home by the first post—you have to do that, because these expeditions are exceedingly lengthy, expensive, troublesome, and even dangerous, as everyone knows who has been engaged in the pursuit of big game, the circumstances of which are similar to those attaching to these expeditions—if this gentleman in that event had to send home a case as to which he would not be in a position to deliver the necessary information at the time, the case would be liable to be put aside, and left undisposed of and, I believe, that ultimately it would be liable, under the rules of the Customs, to be destroyed or sold for what it would fetch, because it cumbered the ground in the Custom House. Some protection should be afforded to those licence holders who may be owners of museums or collectors of specimens, and who are very likely to be abroad, and therefore not able, in the nature of the case, to comply with the provisions of this Sub-section as it stands. I hope the Government will see their way, if not to grant a period of one year, at any rate, to grant some time for the purpose.

Mr. DENNISS

I beg to second the Amendment.

Sir P. LLOYD-GREAME

I hope my hon. Friend will not press the Amendment. It is drawn in extraordinarily wide terms, and even if you substituted six months, or some other period, for a year, it would cut entirely at the root of the Bill. Everyone agrees that it is necessary to have a provision of this kind, and the only reason why my hon. Friend has moved it is because of his anxiety that occasionally there may be a rare specimen coming in. We shall act at the Board of Trade in very close consultation with the committee. Ornithological experts will be represented. A discretion is given to the Customs, and in cases of that kind that discretion will be exercised. My hon. Friend need not be under any apprehension that the spirit of the Bill will not be carried out.

Mr. DENNISS

I seconded the Amendment in order to get this statement from the right hon. Gentleman. I hope now that the House will accept it, and that the Amendment may be withdrawn.

Sir J. D. REES

I gather that the feeling of the House is against the Amendment, and I therefore withdraw it.

Amendment, by leave, withdrawn.

Further Amendment made: In Sub-section (6), leave out the word "Section" ["authorised or required under this Section "], and insert instead thereof the word "Act."—[Sir P. Lloyd-Greame.]