§ Amendments reported (according to Order).
§ Clause 84:
§ Application to Solway Firth.
§ 84. In order to remove an anomaly between the English and Scottish sides of the Solway Firth, the regulations as to mesh of nets shall be the same as those in force on the Scottish side.
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VISCOUNT ULLSWATER had an Amendment on the Paper, to leave out Clause 84 and to insert the following new clause:
.—(1) With a view to securing uniformity as to the minimum size of mesh which may be lawfully used for taking salmon in any part of the Solway Firth, it is hereby declared that where the minimum size of mesh of nets used for taking salmon prescribed by any statute or byelaw in force in any part of the Solway Firth to which this Act applies is greater than that which may be lawfully used in the part of the Solway Firth to which this Act does not apply, the byelaw shall have effect as if the minimum size of mesh so prescribed in relation to the part of the Solway Firth to which this Act applies were such as may be so lawfully used as aforesaid in the part of the Solway Firth to which this Act does not apply.
(2) The limits of the Solway Firth for the purposes of this section shall be such as may be determined by the Minister.
§ The noble Viscount said: This rather formidable looking clause calls for a word or two of explanation. In the Committee stage the Government accepted a proposal I made to place the two sides of the Solway on an equal footing so far as the mesh of the nets was concerned. I put my clause into four lines, but I am informed by the legal advisers of the Department that they prefer the clause as it is now extended into sixteen lines. I am not going to look a gift clause in the mouth, and I accept their proposal. I think it carries out what I intended, and what I believe your Lordships intended, in the matter. A slight alteration is necessary; it is accepted by the Department. Instead of the words "statute or" there should be inserted "provision of this Act or by any," and later in the clause, after the word "the" and before "byelaw," there should be inserted the words "provision or." With these two alterations I beg to move the Amendment.
§ Amendment moved—
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Page 57, line 5, leave out Clause 84, and insert the following new clause:—
.—(1) With a view to securing uniformity as to the minimum size of mesh which may be lawfully used for taking salmon in any part of the Solway Firth, it is hereby declared that where the minimum size of mesh of nets used for taking salmon prescribed by any provision of this Act or by any byelaw in force in any part of the Solway Firth to which this Act applies is greater than that which may be lawfully used in the part of the Solway Firth to which this Act does not apply, the provision or byelaw shall have effect as if the minimum size of mesh so prescribed in relation to the part of the Solway Firth to which this Act applies were such as may be so lawfully used as aforesaid in the part of the Solway Firth to which this Act does not apply.
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(2) The limits of the Solway Firth for the purposes of this section shall be such as may be determined by the Minister."—(Viscount Ullswater.)
§ On Question, Amendment agreed to.