HC Deb 30 May 1938 vol 336 cc1763-4

Lords Amendment: In page 54, line 26, at the end, insert: and Sub-section (2) of Section 6 of the principal Act shall have effect as if in paragraph (c) of that Sub-section for the words ' liable to be forfeited in pursuance ' there were substituted the words ' taken or used in contravention.'

9.32 p.m.

Mr. Wedderburn

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Sub-section repeals Section 3 of the principal Act, which enables local sea fisheries committees to forfeit fish taken or instruments used in contravention of their by-laws. It was found that such a penalty was unsatisfactory. It is not intended to abrogate the power to seize fish or gear for the purpose of producing evidence in court. As the principal Act stands, fish or gear liable to forfeiture may be seized. If we abolish the right of forfeiture, the right of seizure would lapse, and the Amendment is intended to rectify that by enabling fish or gear to be seized if it has been used in contravention of the by-laws.

Mr. Foot

If it is seized for the purpose of being used for evidence in court, will if afterwards be returned?

Mr. Wedderburn

It depends on the state of the fish.

Mr. Foot

Is there any provision for returning gear?

Mr. Wedderburn

The right of forfeiture is abolished, and that means that it cannot be taken away. It must be returned. It is only intended to enable officers of local committees to seize and keep them in their possession for the purpose of evidence.

Subsequent Lords Amendments to page 6o, line 14, agreed to.