HC Deb 01 May 1962 vol 658 c938
Mr. Soames

I beg to move, in page 23, line 38, to leave out paragraph (a).

It may be convenient for the House to discuss at the same time the next Amendment in line 46. Clause 26 empowers Ministers to give financial assistance towards the restoration of shellfish beds affected by pests or disease. To make it clear which shellfish beds are eligible for assistance, the Clause sets them out in two paragraphs, one of which refers to beds in which any person has an exclusive right to fish, and the other to beds in a fishery established by Orders under the Sea Fisheries Act, 1868, or the Oyster and Mussel Fisheries Act, 1866.

In Committee, it was pointed out by the hon. Member for Gloucestershire, West (Mr. Loughlin) that there was a slight overlap here in that some Orders under these Acts created private exclusive rights to fish for shellfish, and so they were overlapping and came in both (a) and (b). These are drafting Amendments to correct this by describing in a different way the beds that qualify for assistance. There are still two paragraphs, but one refers to fisheries created by Orders under the 1866 and 1868 Acts, and the other to other fisheries which a person has an exclusive right to fish.

These two paragraphs will cover all the beds concerned, but without leaving any possibility of confusion which might be caused by having some fisheries covered by different provisions in the same Clause.

Amendment agreed to

Further Amendment made: In line 46 at end insert: and (b) to any other shellfish bed used for the propagation or cultivation of oysters, mussels or cockles, being a shellfish bed in respect of which a person has an exclusive right to take oysters, mussels or cockles."—[Mr. Soames.]