Clause 14.—(PACKAGES OF SALMON OR TROUT TO BE MARKED.) (Hansard, 13 February 1951)

§ The Lord Advocate
I beg to move, in page 6, line 18, after "salmon," to insert "sea trout."
It might be convenient to the Committee if I pointed out that my remarks are equally applicable to similar Amendments to lines 19, 20, 29, 30, 32 and 36. 260 The Clause contains a requirement that packages consigned or sent by any common or other carrier should be marked with the word "salmon" or "trout." "Salmon" is defined in the interpretation Clause as including "sea trout," but, on reflection, we consider that packages of sea trout should be marked as such. Accordingly the Amendment provides that. It probably forstalls an Amendment on the paper in the name of my hon. and learned Friend the Member for Kettering (Mr. Mitchison) in line 21, at end, insert: Provided that it shall not be an offence to call a sea-trout a 'sea-trout' even on the outside of a package.

§ Mr. Mitchison
After thanking my right hon. and learned Friend for his kind remarks, I should like to point out to him that the sea trout now occupies a singularly privileged position, because if there is any uncertainty, as there sometimes is with a sizable fish, whether it is a sea trout or a salmon, we can safely call the sea trout either "salmon" or "sea trout" since both words include the sea trout. If, however, it proves to be a salmon, then at the risk of fine and imprisonment we have to identify it as such.

§ The Lord Advocate
I beg to move, in page 6, line 22, to leave out "officers," and to insert "persons."
This Amendment and two similar Amendments in lines 23 and 37 are merely drafting, and their purpose has already been explained.

§ Brigadier Thorp
I beg to move, in page 6, line 43, at the end, too add: (4) This section shall not apply to so much of the River Tweed as is situated outwith Scotland. This is a very legal point. Clause 24 (2) says: Save as in this Act otherwise expressly provided this Act shall extend only to Scotland. Clause 20 (2) says: This Act … shall apply to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland. 261 Am I right in thinking that the Clause brings the law of Scotland into line with the law of England? In England it is now—and has been since 1923—compulsory to label all packages "salmon," "trout" or whatever it is. It is wise to bring the law of Scotland into line with the law of England because this could not possibly have been applied to the North of England as it is now as there are so many places not on the river banks where salmon could have been consigned by carrier which could not possibly have been reached by water bailiffs and others of that sort. I hope the Lord Advocate will agree with me that this is merely bringing the law of Scotland into line with the law of England.

§ The Lord Advocate
The hon. and gallant Gentleman is correct in saying that what we propose to do in Clause 14 is already the law in England by virtue of Section 34 of the 1923 Act. I do not know if he wants me to deal with his Amendment. After all, the Clause deals with the consignment or sending by a common or other carrier of any salmon, sea trout or trout. I do not quite know why the hon. Gentleman wants to exclude the River Tweed. Its exclusion would only mean that we could not consign or send salmon, sea trout or trout on the River Tweed. The Amendment would have no applicability. I hope that with that explanation the hon. and gallant Gentleman will be satisfied.

The Deputy-Chairman
I called that Amendment by mistake, so I hope the hon. and gallant Member will ask the leave of the Committee to withdraw it.

§ Brigadier Thorp
I only moved it, Sir Charles, to get the point of law right. Therefore I beg to ask leave to withdraw the Amendment.