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§ Mr. Austin MitchellI beg to move amendment No. 4 in page 3, line 38, at end insert
'and(c) require the production of any document that is or may be relevant for determining the nationality of any member of the crew before the detention notice is withdrawn'.I shall not be pressing this amendment to a Division, but it allows me to ask the Minister a question. I believe that an opportunity could be taken in clause 2(5) to obviate many of the draconian penalties provided in clause 3 if there were a simple provision requiring that the vessel be detained until all necessary documents had been produced.It is unreasonable to assume that the crew will carry nationality documents on a fishing trip. Their documents may be at home. There are no sanctions in relation to the crew producing such documents. Sanctions are provided in respect of companies, although the Minister said that he would be unwilling for them to be used. Clause 3 allows for raids on and searches of premises other than dwelling houses. Draconian powers are provided for use against companies. They would be unnecessary if the production of documents was insisted upon when a vessel was detained. Why did the Minister not do that instead of providing such severe penalties under clause 4?
§ Mr. Buchanan-SmithI do not believe that the amendment is necessary. I refer the hon. Member for Grimsby (Mr. Mitchell) to clause 2(4)(a) which gives sea-fishery officers the power to require the production of any document relevant to determining the nationality of crew members. Clause 2(5) gives the power to detain the vessel 678 until the notice is withdrawn by a further notice in writing served by a sea-fishery officer. I believe that the powers contained in clause 2(4)(a) and clause 3 are sufficient to enforce the Bill's provisions and to achieve what the hon. Member for Grimsby wants. I believe therefore that the amendment is unnecessary.
§ Mr. Austin MitchellClause 2(4)(a) specifies that the. sea-fishery officer
may require any person onboard any such boat to produce any document he has with him on board".My premise was that crew members may not necessarily have the documents with them on board and that they might have to be produced later. How will these documents be obtained? It will not be by raids on company premises, because the documents are not likely to be kept there.
§ Mr. Buchanan-SmithClause 2(4)(a) relates to any document relating to the boat or its fishing. It is wide enough to cover all the eventualities that the hon. Gentleman envisages, and therefore I reject the amendment. I shall look at the point. I do not give any undertaking to change the provision because I believe that it is adequate. It would be duplicating powers already contained in the Bill.
§ Mr. MitchellWill the Minister assure the House that clause 2(4)(a) will enable the authorities to obtain documents relating to individual crew members that they do not have on board?
§ Mr. Buchanan-SmithIn so far as I understand it, it can require these documents to be produced.
§ Mr. MitchellI beg to ask leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.
§ Clause 2 ordered to stand part of the Bill.