Clause 39 (Hansard, 20 June 1968)

§ Mr. John Mackie
I beg to move Amendment No. 51, in page 33, line 45, at end, insert: (2) Where any medicinal product or animal feeding stuff is imported in contravention of section 7, section 31 or section 36 of this Act, any person who, otherwise than for the purpose of performing or exercising a duty or power imposed or conferred by or under this Act or any other enactment, is in possession of the 1451 product or feeding stuff knowing or having reasonable cause to suspect that it was so imported shall be guilty of an offence. Before I start I should say I will bear in mind the strictures of the hon. Member for Derbyshire, West (Mr. Scott-Hopkins), which, it seems, gave him great pleasure to put forward.
The first of these Amendments introduces into Clause 39 a new offence of being in possession of a medicinal product or medicated animal feedingstuff knowing or having reasonable cause to suspect that it had been imported without a product licence or clinical or field trial certificate or, in the case of a feeding-stuff, in contravention of Clause 36. Although the first three lines of Clause 39(1) in the Bill make the act of importation in contravention of Clause 7, 31 and 36 an offence, the enforcement procedure at the port can never be comprehensive and so lines 42–45 in page 33 of the Bill as drafted, enable action to be taken after a product has been illegally brought into the country by making its possession for sale, supply or export without a licence an offence.
This part of the Clause would not cover the case of say, a farmer, who succeeded in importing illegally a feeding stuff. The present Amendment covers the position of a product or feeding stuff known or suspected to be imported in contravention of the licensing provisions.
The second Amendment, for the same reason introduces into Clause 59 a similar offence in relation to medicinal products—

§ Mr. Speaker
Order. We are dealing with Amendment No. 51. There is nothing grouped with it.

§ Mr. Mackie
The present Amendment covers the case of a product illegally imported. There is a saving provision for persons enforcing the Bill such as authorised officers, who may find themselves in possession of such products or feeding stuffs in the course of their duty.

§ Mr. Scott-Hopkins
The hon. Gentleman said that it gave me satisfaction that he had not done his homework.

§ Mr. Speaker
Order. Would the hon. Gentleman please speak up.

§ Mr. Scott-Hopkins
I do not get satisfaction, but it does make things difficult 1452 when the hon. Gentleman reads the wrong brief as he did just now. We are in a slight difficulty here, although I take the point in the Amendment about the feeding stuffs having come in illegally with the wrong type of medicinal product in them because it is difficult to stop them at the port of entry. The hon. Gentleman is right in saying that people should be prevented from using them, but how does he intend to police this? It will be extremely difficult.
The other point of difficulty concerns animal feeding stuffs containing medicated products. I understood the hon. Gentleman to say earlier that entirely comprehensive and new Amendments would be brought in concerning animal feeding stuffs containing medicinal products. If this is so, it is difficult to see how we can discuss this now if we do not know what we are talking about. Are we talking about those with amino-acid, trace elements, or minerals?
The Amendments will be brought in in another place, and I must register my protest at the fact that we are being asked to do something which is quite wrong and in contempt of our procedure.
Having said that, I repeat I cannot see how the hon. Gentleman expects the arrangement to be adequately policed. There is a great deal of anxiety about producing legislation which it is difficult to enforce or which can be contravened.

§ Mr. Mackie
It is not a case of policing, it is simply a case of those people who are discovered in possession of these feeding stuffs committing an offence.

§ Mr. Scott-Hopkins
rose—

§ Mr. Speaker
We are not in Committee; we are on Report.

§ Mr. Snow
I beg to move Amendment No. 50, in page 34, line 44, to leave out '(4)' and insert '(6)'.
This is a consequential numerical re-allocation resulting from the new subsection added to the Clause. Perhaps the House will excuse me for elaborating the point.