Amendments Nos. 11, 12 and 15 are technical drafting amendments that are aimed at tidying the statute book, especially section 32 of the Crofters Holdings (Scotland) Act 1886. Schedule 1 already contains a reference to that section, the purpose of which is to replace references to the Fishery Board with references to the Secretary of State. However, section 32 of the 1886 Act also contains references to the officers of the board and, for consistency, they should also be removed.
Amendments Nos. 13 and 16 are simply further consequential amendments, the need for which came to light after the Committee stage and which I believe should be added to the Bill. The first part of amendment No. 13 inserts a reference to the Bill into section 374 of the Merchant Shipping Act 1894. It provides that in any legal proceedings taken under the Bill, the details of ownership of a fishing boat as recorded in the fishing boats register will be taken as conclusive evidence of the ownership of the fishing boat. Since the vast majority of Scottish fishing boats are recorded in the register, such a provision will be of assistance to the enforcement authorities. The second part of the amendment and amendment No. 16 replace references in sections 4 and 6 of the Illegal Trawling (Scotland) Act 1934 to the Herring Fisheries (Scotland) Act 1889, which is being repealed in this Bill, with references to orders under the Bill. This will maintain the present requirement on trawlers to have their fishing gear inboard while in an area in which trawling is prohibited.
Amendment No. 14 is a simple drafting amendment which repeals sections 4 and 11 of the Sea Fisheries (Scotland) Act 1885.
I hope that the House will accept these straightforward amendments which tidy up the statute book.
§ Mr. Maclennan
I congratulate the Minister on underlining the relevance of the Crofters Holdings (Scotland) Act 1886. I am sure that Mr. Gladstone would have been delighted to think that this measure of the third Government that he formed and which enjoyed the support of my predecessor, Dr. Clarke, would be subject to amendment 98 years later.
§ Amendment agreed to.
§ Amendments made: No. 12, in page 7, line 7, leave out `and' and insert';
- (b) for the words "Secretary for Scotland" there shall be substituted the words "Secretary of State";
- (c) the words from "and the Secretary of the Board" to "name of the Board" shall be omitted
- (d) for the words "Chairman and Secretary of the Fishery Board" there shall be substituted the words "Secretary of State"; and
§ No. 13, in page 7, line 8, at end insert—265
§ 'Merchant Shipping Act 1894 (57 & 58 Vict. c.60)
§ In section 374, after the words "Fishery Limits Act 1976" there shall be inserted the words "Inshore Fishing (Scotland) Act 1984".
§ Illegal Trawling (Scotland) Act 1934 (c.18)
§ In section 4(1) for the words "section six of the Herring Fishing (Scotland) Act 1889 or of any byelaw for the time being in force" there shall be substituted the words "an order under section 1 of the Inshore Fishing (Scotland) Act 1984".
§ In section 6—
- (a)the definition of "Herring Fishery (Scotland) Acts" is repealed; and
- (b) in the definition of "illegal trawling"—
- (i) for the words "section six of the Herring Fishing (Scotland) Act 1889 or of any byelaw for the time being in force" there shall be substituted the words "an order under section 1 of the Inshore Fishing (Scotland) Act 1984"; and
- (ii) the words from "and the expression" to the end of the definition are repealed.'. — [Mr. John MacKay.]