HC Deb 06 December 1995 vol 268 cc418-20
Mr. Cohen

I beg to move amendment No. 3, in page 17, line 9, after 'the', insert 'Convention and the'.

The Chairman of Ways and Means (Mr. Michael Morris)

With this, it will be convenient to discuss also No. 7, in clause 35, page 22, line 19, after 'Convention', insert 'and its annexes'.

Mr. Cohen

I am happy to move my amendment No. 3, which is linked to amendment No. 7. Amendment No. 3 relates to clause 25, and amendment No. 7 to clause 35.

The amendments that I have tabled are mainly probing amendments, to obtain information from the Minister, or tidying-up amendments. Amendment No. 3 falls into the category of a tidying-up amendment. In one of those clauses, the convention is mentioned, but not the annexes to the convention; in the other, the verification annex is mentioned, but not the convention. I have tabled amendments that link the two, so that, on the face on the Bill, it would say, "the Convention and the annexes". That relates to amendment No. 3 and the rights of entry for inspection purposes, which is tied up with article IX of the convention. Clause 35 gives the Minister powers to amend the Act if an amendment to the convention is subsequently agreed to by the various parties to it.

The amendment refers to both the convention and the annexes. It would stop anyone using the legislation as a loophole, perhaps, to avoid inspection. They could say that it related only to the convention and not to the annexes. It might also prevent any future legal dispute over that matter if the two were put together. It is a simple tidying-up amendment, and I hope that the Minister will accept it.

Mr. Dalyell

What is the Government's attitude to generic licensing? If the Minister would rather deal with that when we come to schedule 1 or later in his brief I should be prepared to wait. However, I have put down a marker now because generic licensing is important.

Mr. Oppenheim

I shall do my best to answer that, although it is not directly related to the clause or the amendment. We shall consider it where it is sensible and within the bounds of the convention. I do not think that the hon. Gentleman could expect me to say any more about that issue. If he would like to discuss the matter at some future time, I should be happy to do so.

I appreciate the spirit of helpfulness with which the amendment was moved, but, with respect, amendments Nos. 3 and 7 are based on a misunderstanding. The articles of the convention place certain obligations on state parties. The verification annex itself defines the verification procedures, and that contains the rights of the inspection teams. Article 17 of the convention makes it clear that all references to it include its verification annex, with all the powers and rights of the inspection teams. Consequently, a reference to both would be basically confusing and unnecessary, because the reference to the verification text as it stands is correct.

The same applies to amendment No. 7, which introduces a reference to the annexes to the convention in subsection 1 of the clause. The reference is again unnecessary, because article 17 of the convention states that the annexes form an integral part of the convention. I thank the hon. Gentleman for the spirit in which he moved the amendments, but, with respect, they are unnecessary.

Mr. Dalyell

I understand the Minister's answer on generic licensing, but the mind boggles at having to license every individual chemical, because that would be a gargantuan task. I suspect that, at the end of the day, generic licensing will have to be accepted.

Mr. Oppenheim

I shall try my best to respond to that. Licensing applies only to the most harmful and dangerous, and quite often complex, chemicals that are licensed, rather than to the reporting requirements. We are dealing here with chemical substances that are not used by many organisations, but obviously we have to try to look after the interests of those organisations that legitimately use them. I shall certainly consider the hon. Gentleman's point, and if it is possible to be helpful in the context of generic licensing and stay within the terms of the convention, I assure him that we shall certainly look at that.

Mr. Cohen

I am grateful to the Minister for his explanation that the convention also covers the annexes. Hopefully, there will be no loopholes. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 25 ordered to stand part of the Bill.

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