HC Deb 29 October 1976 vol 918 cc891-3

12.45 p.m.

Mr. Guy Barnett

I beg to move Amendment No. 13, in page 5, line 26, leave out from first 'may' to end of line 33 and insert 'make an order under this section relating to any kind of animal. (1A) An order under this section may provide that (subject to such exceptions as may be specified in the order) it is prohibited to do such one or more of the following things as is (or are) specified in the order, that is to say—

  1. (a) to import by sea any live animal of any kind to which the order is expressed to relate;
  2. (b) to import any such animal by sea unless it is imported at a port or one of the ports specified in the order in relation to animals of that kind;
  3. (c) to import any such animal by air;
  4. (d) to import any such animal by air unless it is unloaded at an airport or one of the airports specified in the order in relation to animals of that kind;
  5. (e) to import any such animal by land;
  6. (f) to import any such animal by land unless it is brought across the boundary into Northern Ireland at a place or one of the places specified in the order in relation to animals of that kind.
(1B) Any prohibition or restriction in any order under this section shall not apply to an animal which the Secretary of State authorises to be imported otherwise than in accordance with the order and which is imported in accordance with that authorisation. (1C) In subsection (1A) above— airport" means an aerodrome for the time being designated as a customs airport under section 15(5) of the Customs and Excise Act 1952; port" means any area for the time being appointed and named under section 13(1) of that Act as a port for the purposes of customs and excise.'.

The Second Deputy Chairman

With this we may take Government Amendment No. 85.

Mr. Barnett

This amendment would redraft and expand on the wording of Clause 4(1), which empowers the Secretary of State by order to restrict ports of importation for live animals. The amendment makes specific provision not only for ports but also for airports and the land boundary in Northern Ireland, and clearly defines the terms "port" and "airport".

Amendment agreed to.

Amendment made: No. 14, in page 5, line 34, leave out subsections (2) and (3).—[Mr. Guy Barnett.]

Question proposed, That the clause, as amended, stand part of the Bill.

Mr. Stephen Ross

I want to speak to the question of orders as to restricted ports, which I understand from the clause can be made by Statutory Instruments, subject to negative resolution of this House. I also understand that by subsection (1)(b) the Secretary of State may authorise variations even orally, let alone in any organised form. Many of the amendments are asking for information to be provided, and this is another request that information will be given.

I trust that the Department of the Environment will keep a full record of any such authorisations, because the Bill cannot be properly policed unless the public have access to details. I do not think that is unfair to importers, because they have the normal rules waived for them. These rules are there for the benefit of the species—that is what the Bill is all about—and not just for importers.

I should like to have an undertaking from the Minister that proper records will be kept and that these can be shown to inquiriers at reasonable times.

Mr. Sainsbury

The hon. Member for Isle of Wight (Mr. Ross) has raised a relevant point, but I assume that he would accept that there could be occasions when events subsequent to the start of the importation process could lead to its being much quicker for live animals particularly to be redirected to some other point of entry. An airport to which animals were originally expected to be taken could be closed as a result of fog or for some other reason, and it would be necessary for action to be taken quickly. I hope, therefore, that the hon. Member would expect this power to be retained. I should have thought that it would be valuable for the Secretary of State to be able to vary the authorised points of entry at very short notice. I support the hon. Member in saying that where this is done in connection with an Appendix I species this information should be made known.

Mr. Guy Barnett

I undertake to write to both hon. Members on this question of records as to which ports of entry are possible and which are not for Appendix I animals and other species.

Question put and agreed to.

Clause, as amended, ordered to stand part of the Bill.

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