§ Order of the Day for the Third Reading read.
§ Moved, That the Bill be now read 3a.—(Lord Lee of Fareham.)
§ On Question, Bill read 3a.
§ Clause 1:
§ Delivery of particulars on sale of seeds and seed potatoes.
§ 1.—(1) Every person who sells any seeds to which this Act applies or any seed potatoes, shall on or before the sale, or if the goods are not delivered at the time of sale on or before delivery thereof, deliver to the purchaser a statement in writing containing the prescribed particulars with respect, in the case of seeds, to their variety, purity and germination, and, in the case of seed potatoes, to their class, variety, size and dressing, and, in either case, to any other prescribed matters.
§ (2) Every person who exposes for sale any seeds to which this Act applies, or any seed potatoes, shall cause to be displayed conspicuously on or in close proximity to the seeds or potatoes, as the case may be, a statement in writing containing such particulars as are required to be contained in the statement to be delivered under this section to a purchaser.
§ (3) The statement required to be delivered under this section to a purchaser shall be con- 782 tained in a sale note or invoice or be attached to. inserted in, or written on, the package containing the seeds, or seed potatoes, as the case may be.
§ (4) For the purposes of this section a statement in writing referring specifically to a printed price list or printed catalogue containing the prescribed particulars shall be deemed to contain those particulars.
§ (5) The particulars to be contained in a statement to be delivered under this section to a purchaser of seeds shall, so far as they are particulars relating to the purity and germination of the seeds, be particulars ascertained on a test of those seeds made in accordance with the provisions of this Act.
§ (6) Every statement relating to seeds which is delivered or displayed under this section must specify that the seeds have been tested in accordance with the provisions of this Act.
§
THE MINISTER OF AGRICULTURE AND FISHERIES (LORD LEE OF FAREHAM) moved, at the end of Clause 1, to insert the following new subsection—
.The Minister may by licence granted subject to and in accordance with regulations made under this Act exempt any person as respects any sale or any exposure for sale of seeds or seed potatoes from compliance with the requirements of this section, and any such exemption may be granted either absolutely or subject to compliance with any conditions specified in the licence.
The noble Lord said: There are three Amendments on the Paper in my name but really they are all on one point, and it would perhaps be for the convenience of your Lordships if I make my remarks, which are of a general character, cover the three Amendments. During the previous stage of the measure it was pointed out that subsection (2) of Clause 5, as originally drafted and indeed as it was amended in the Committee stage, was extremely wide in its terms and that it was not of a character which fully met the criticisms made in your Lordships' House. In the interval I have had time with my advisers to consider the very cogent representations that were put forward by Lord Bledisloe and Lord Strachie, and as a result I have put forward Amendments which I hope will meet to the full the case they advanced. I do not know that it is necessary for me to say more with regard to them—their effect is obvious—unless my noble friends desire to ask any question on them.
§
Amendment moved—
Clause 1, page 2, line 8, at end insert the said new subsection.—(Lord Lee of Fareham.)
§ LORD BLEDISLOEI appreciate to the full the generous recognition which the noble Lord has given to our protests 783 with regard to Clause 5 (2). In my judgment the Amendments which he has placed on the Paper meet all the objections put forward on the previous stage of the Bill.
§ Clause 5:
§ Exemptions.
§ 5.—(1) This Act shall not apply—
- (a) to a sale of seeds to a person purporting to purchase them with a view to cleaning them before they are sold or exposed for sale; or
- (b) to a sale of seeds where the purchaser at the time of the sale gives to the seller an undertaking in writing that he will before selling or exposing the seeds for sale test or cause them to be tested, or that he will not resell the seeds to a seed merchant except on a similar undertaking by the purchaser; or
- (c) to a sale of seeds or seed potatoes for delivery outside the United Kingdom; or
- (d) to a sale or exposure for sale of seeds or seed potatoes not to be used for sowing or planting.
(2 Where, in the opinion of the Minister, it is necessary in the interests of food production temporarily to relax any of the provisions of this Act, provision may be made by regulations for exempting any person from the operation of this Act or of any particular provision thereof, either generally or in respect of any particular transaction, and either absolutely or subject to compliance with such conditions as may be specified in the regulations.
§ LORD LEE OF FAREHAM moved to delete subsection (2).
§
Amendment moved—
Clause 5, page 4, lines 32 to 39, leave out subsection (2).—(Lord Lee of Fareham.)
§ Clause 7:
§ Regulations.
§ 7.—(1) The Minister may, after consultation with representatives of the interests concerned (and as respects forest tree seeds after consultation also with the Forestry Commissioners), make regulations generally for the purpose of carrying this Act into effect and in particular and without prejudice to the generality of the foregoing provisions for prescribing—
- (a) the seeds, whether agricultural, vegetable or forest tree, to which this Act is to apply:
- (b) the manner in which samples are to be taken and dealt with:
- (c) any matter which under this Act is to be prescribed.
§ (2) Every regulation made under this section shall be laid before each House of Parliament forthwith, and if an Address is presented to His Majesty by either House of Parliament within the next subsequent thirty days on which that House has sat next after any such regulation is laid before it praying that the regulation may be annulled, it shall thenceforth be void but without prejudice to the validity of anything previously done thereunder.
§ LORD LEE OF FAREHAM moved, at the beginning of subsection (2), to leave out "section" and insert "Act."
§
Amendment moved—
Clause 7, page 5, line 29, leave out ("section") and insert ("Act").—(Lord Lee of Fareham.)
§ An Amendment (privilege) agreed to.
§ Bill passed, and sent to the Commons.