CITATION, INTERPRETATION, COMMENC MENT, REPEAL, EXTENT, ETC. (Hansard, 29 October 1976)

§ Mr. Guy Barnett
I beg to move Amendment No. 25, in page 9, line 5, leave out' (1) and 5(1) to (6)' and insert '(1B), 5 and (Provisions supplementary to section 5) and for the first reference to him in section 1(5A)'.

The Second Deputy Chairman
It will be convenient to consider at the same time Government New Clause 4—Interpretation.

§ Mr. Barnett
The amendment relates to the subsection which lists those references to the Secretary of State which in Northern Ireland are to be read as references to the Department of Agriculture.
The amendment makes two changes of substance. It removes the power for Northern Ireland to make separate orders restricting ports of entry under Clause 4(1) while leaving it with the power under Clause 4(1)(b) to authorise other ports in exceptional cases.
The other important change is consequent on Amendment No. 3. The power to make orders enabling charges to be made for licences will be confined to the Secretary of State, but in Northern Ireland the Department of Agriculture will have the power to collect any such charges.
There are also minor drafting changes to bring the subsection into line with the redrafted and divided Clause 5.
I think that I have already covered New Clause 4. Both the amendment and the new clause are designed to bring the provisions concerned with the interpretation of the Bill into one separate interpretation clause. In addition, New Clause 4 includes a new subsection (1), which provides that man is not covered by the Bill.

§ Mr. Burden
I beg to move Amendment No. 88, in page 10, line 1, after '1921', insert , the words "whales or" in section 28(1)(a) of the Customs and Excise Act 1952'. 902 The Minister will realise why we wish to insert this amendment into the Bill. I hope, therefore, that he will be sympathetic.

§ Mr. Stephen Ross
I support the amendment. I have no brief to speak to it. However, I should like to know whether the Minister has seen on the Order Paper the motion on the protection of whales. It has no fewer than 251 signatures. It has been the most signed motion that has been through the House this Session. It shows the concern of many hon. Members and reflects concern throughout the country regarding whales, particularly sperm whales, which are not protected. If this amendment has any effect in that direction, it is worth having it included in the Bill.

§ Mr. Guy Barnett
I understand the anxiety felt by hon. Members on the subject of whales. Section 28 of the Customs and Excise Act provides that imported goods with certain exceptions must be entered with the Customs. One exception is whales or fresh fish … of British taking brought by British ships". The amendment would have the effect of requiring whales caught by British ships to be entered with the Customs. However, I am advised that the amendment is unnecessary. Apart from the fact that there are now no British whaling ships, the practice for many years has been for the catches of British fishing vessels and of whaling vessels, when they existed, not to be subject to the Customs control normally applicable to imported goods. For that reason, it was agreed between the Departments concerned that controls on the marine species covered by the Convention should not be operated by Customs, but that arrangements would be made, if necessary, by the Ministry of Agriculture, Fisheries and Food under its powers under the Sea Fish (Conservation) Act 1967.
In view of what I have said, I ask the House to rest content with these arrangements and not to press the amendment.

§ Mr. Burden
I am grateful to the Minister for what he said. I wanted to hear what would be said. That is why I moved the amendment formally.
Despite the regulations which have been agreed between certain nations about 903 the catching of whales, the whale population is now decreasing. This is a matter of serious concern.
I am aware that there would be difficulties about bringing this matter within the ambit of the Bill. I hope that the Minister will note the anxiety expressed by hon. Members and by many people throughout the world about the fact that the whale population is decreasing. I hope, too, that he will make representations to the Minister of Agriculture, keep a close eye on this matter, and take every possible step, in consultations with other Governments, to ensure that this species is given particular protection.

§ Mr. Guy Barnett
I assure the hon. Gentleman that I am personally deeply concerned about this issue. I certainly give the undertaking for which he asks.

§ Mr. Burden
In view of the Minister's undertaking, I beg to ask leave to withdraw the amendment.

§ Mr. Guy Barnett
I beg to move Amendment No. 27, in page 10, line 3, at end, insert— '(9A) In section 7 of the Protection of Birds Act 1954 (restrictions on importation of certain wild birds and eggs) subsection (1) and paragraph (a) of subsection (2) are hereby repealed; and accordingly in paragraph (b) of subsection (2) for "such a licence as aforesaid" there shall be substituted "a licence granted under section ten of this Act" and the word "other" (wherever it occurs) is hereby repealed.'. This amendment would repeal an obsolete provision in the Protection of Birds Act 1954 which would otherwise overlap with provisions in the Bill. The provision relates to imports of quail, lapwing and game birds.
If in future it should seem desirable on conservation grounds to re-introduce import control on these birds, it can be done by order under this Bill. If control seems desirable on other grounds, it can be done by order under Section 7(2)(b) of the Birds Act, which remains unaffected by this proposed repeal. I understand that my right hon. Friend the Home Secretary is currently considering the case of birds which travel badly.

§ Mr. Sainsbury
Can the Minister assure the Committee that the Royal Society for 904 the Protection of Birds has been consulted and is happy about this proposed amendment?

§ Mr. Guy Barnett
I can give that assurance.

§ Mr. Guy Barnett
I beg to move Amendment No. 28, in page 10, line 5, leave out subsection (11).
This is a privilege amendement inserted by the Lords because the Bill started life in that House. I think that the Committee is aware of this procedure.