HC Deb 29 April 1958 vol 587 cc263-6
Mr. Godber

I beg to move, in page 13, line 32, at the end to insert:

5 (4) If a person convicted of an offence against any regulations made with respect to slaughterhouses or knackers' yards under section thirteen of the principal Act is the holder of a licence under Part IV of that Act in respect of the premises where the offence was committed, the court may, in addition to any other punishment, cancel that licence; and sections one hundred and eighteen to one hundred and twenty of the principal Act shall apply for the purposes of this subsection as if this subsection were contained in that Act.
10 (5) In subsection (3) of section sixty-eight of the principal Act (which provides that if a person convicted of an offence against any byelaw made under that section holds a licence under Part IV of that Act, the court may cancel the licence) after the word "Act" there shall be inserted the words "in respect of the premises where the offence was committed".

I cannot say that the points covered by this Amendment arose out of the discussions in Committee, but they seek to correct an anomaly. The Amendment provides two new subsections (4) and (5) to Clause 8. Subsection (4) will ensure that in addition to any other penalty, a

therefore, moving this Amendment to bring the two kinds of regulations into line where consultation is concerned.

This makes no difference in practice, because we always have consulted the interests concerned before making such regulations, and we shall always continue to do so. For the reasons I have given, I think that it is right and proper to define the obligations of Ministers to consult in this way, and for that reason I submit this Amendment.

Mr. Willey

We thank the right hon. Gentleman, but we regret that he has not gone far enough, though I think that if he had gone far enough for us he would have upset his hon. Friend the Member for South Angus (Sir J. Duncan). I am, therefore, content to say that we are greatly obliged to him for the Amendment that he has moved.

Amendment agreed to.

court may cancel a licence. This provision had not been included in the 1955 Act in relation to this type of case, but the 1955 Act did include a reference to the cancelling of a licence for the breaking of byelaws. In subsection (4), we have, therefore, brought the provision regarding convictions for offences against regulations made under Section 13 into line with those in respect of byelaws. In the new subsection (5), we are seeking to make quite clear that the repeal of a licence shall refer only to the premises in question. Those are the two points at issue; they are small, straightforward points and do not raise any point of principle.

Mr. Speaker

Does the hon. Member for Sunderland, North (Mr. F. Willey) desire to move his Amendment to the Minister's proposed Amendment?

Mr. Willey

It would probably be for the convenience of the House if I were to do so. I beg to move, as an Amendment to the proposed Amendment, to leave out lines 8 to 12.

I still feel that we need an explanation of this matter. I accept the explanation so far as the first provision is concerned, but in regard to the second it would appear that the hon. Gentleman is proposing to alter the law, and I am not quite satisfied that that is either necessary or desirable. Perhaps the Parliamentary Secretary could satisfy us on that point.

Mr. Darling

I beg to second the Amendment to the proposed Amendment.

Mr. Godber

This is quite a small point. Indeed, I assure the hon. Member that we are not seeking to alter the law in this respect, but merely to clarify what we believe was the original intention. We have put down this Amendment because we think it is right to make it quite clear that the intention is that it should relate specifically to the premises concerned. We do not think it would be either logical or fair to consider other premises in respect to any cases, whether they be cases affecting the byelaws or cases brought under the new subsection (4).

The two new subsections are exactly in line. We merely seek to clarify the existing law, certainly not to make any substantial alterations to the 1955 Act in that respect. In that case, perhaps the hon. Member would feel satisfied and wish to withdraw his proposed Amendment.

Mr. Willey

I am satisfied with the explanation of the Parliamentary Secretary, and I accept his invitation. I beg to ask leave to withdraw the Amendment.

Amendment to the proposed Amendment, by leave, withdrawn.

Proposed words there inserted in the Bill.