POWER TO REQUIRE INFORMATION

HC Deb 22 April 1983 vol 41 cc536-8

Amendments made: No. 22, in page 11, line 22, leave out from 'information' to 'with' in line 23.

No. 23, in page 11, line 38, at end insert— 'In this subsection "fish" does not include shellfish.'

No. 24, in page 12, line 14, at end insert— 'In this subsection "fish" does not include shellfish.'

No. 25, in page 12, line 14, at end insert— `(3A) An order under this section may require any person who carries on a business of shellfish farming (whether or not for profit)—

1. (a) to register the business in a register kept for the purpose by the Minister
2. (b) to furnish in writing to the Minister such information as may be specified in the order in relation lo any activity carried on (whether in marine or inland waters or on land) for the purpose of cultivating or propagating shellfish in the course of the business, and in relation to shellfish deposited in or on or taken from such waters or land in the course of the business,
3. (c) to compile such records as may be so specified in relation to the matters mentioned in paragraph (b) above, and
4. (d) to retain for such period (not exceeding 3 years) as may be so specified any records compiled in accordance with paragraph (c) above.'

No. 26, in page 12, line 16, leave out 'or (3)(a)' and insert, `, (3)(a) or (3A)(a)'.

No. 27, in page 12, line 29, after 'of', insert 'live'.

No. 28, in page 12, line 29, leave out '(other than shellfish only)'.

No. 29, in page 12, line 33, after 'of', insert 'live'. No. 30, in page 12, line 35, leave out from 'not): to end of line 36.—[Mr. Buchanan-Smith.]

11.30 am

Mr. Mark Hughes (Durham)

I beg to move amendment No. 31, in page 12, line 44 leave out 'and Wales'.

Mr. Deputy Speaker

With this, 'it will be convenient to take the following amendments: No. 32, in page 12, line 45 leave out 'and Wales'.

No. 33, in page 12, line 46 at end insert— '(aa) in relation to Wales, and any marine waters adjacent to Wales, the Secretary of State;'. No. 44, in Schedule page 15, line 2 at end insert— '1A. In section 1(3) of the 1937 Act (Minister may grant licences as to certain imported fish) for the words from "Minister" (in the first place) to "Minister')" (in the second place) there shall be substituted "Minister".'. No. 50, in page 17, line 3 at end insert— '6A. In section 10(1) of the 1937 Act (interpretation) after the definition of "marine waters" there shall be inserted— 'the Minister' means—

1. (a) in relation to England, and any marine waters adjacent to England, the Minister of Agriculture, Fisheries and Food;
2. (b) in relation to Wales, and any marine waters adjacent to Wales, the Secretary of State;
3. (c) in relation to Scotland (including the marine waters thereof), the Secretary of State.".'.

Mr. Hughes

The object of this series of amendments is to make clear the role of the Secretary of State for Wales in the enforcement of this Bill, because under the 1937 Act he was not in existence. Amendment No. 44 is an archetypal example of crisp drafting. It states: '1A. In section 1(3) of the 1937 Act (Minister may grant licences as to certain imported fish) for the words from "Minister" (in the first place) to "Minister')" (in the second place) there shall be substituted "Minister".'. The amendment improves the Bill immensely and I am proud to be associated with it.

The amendments are purely technical and clarify the role of the Secretary of State in the importation of fish eggs and fish, and in the general supervision and requirement of information under the Act.

Mr. Buchanan-Smith

It may be helpful if I respond to this amendment now, although my hon. Friend the Member for Bute and North Ayrshire (Mr. Corrie) as promoter of the Bill, may also wish to respond.

On Second Reading, the hon. Member for Durham (Mr. Hughes) asked about appropriate ministerial responsibility, and this series of amendments deals with his question. I compliment the hon. Gentleman on the amount of work that he must have put into the drafting of the amendments. It took me some time to understand them, especially amendment No. 44, and I needed much advice as to whether they were appropriate. I am glad to tell the hon. Gentleman that his amendments are not only correct in purpose, which is to clarify the position, but correct in detail. He has improved the complicated wording of the Bill, and I congratulate him on his skilled drafting. I hope that my hon. Friend will accept the amendments, not only as a tribute to the ability of the hon. Member for Durham as a parliamentary draftsman, but because the Bill has been improved by them.

Mr. Corrie

I am delighted to accept the amendments, especially as the hon. Member for Durham (Mr. Hughes) is my parliamentary pair. Anything that he does to help me may be reciprocated later. After his performance in reading out amendment No. 44, I am sure that we shall see him on television on Sunday nights with Esther Rantzen in "That's Life", saying, "Here is a piece of legislation that we should all know about."

Question put and agreed to.

Amendments made: No. 32, in page 12, line 45 leave out 'and Wales'.

No. 33, in page 12, line 46 at end insert— '(aa) in relation to Wales, and any marine waters adjacent to Wales, the Secretary of State;'.—[Mr. Mark Hughes.] No. 34, in page 13, line 3, after 'kind', insert ', and includes any brood, ware, half-ware, spat or spawn of shellfish'. No. 35, in page 13, line 3, at end insert '"shellfish farming" means the cultivation or propagation of shellfish (whether in marine or inland waters or on land) with a view to their sale or to their transfer to other waters or land'. No. 36, in page 13, line 12, leave out sub-paragraph (b).—[Mr. Buchanan-Smith.]