HL Deb 24 February 1931 vol 80 cc59-62

Amendments reported (according to Order).

Clause 2:

Licences and permits for bulls.

(2) The Minister may refuse to grant or may revoke a licence in respect of a bull, if the bull appears to him to be—

  1. (a) of defective conformation or likely to beget defective or inferior progeny; or
  2. (b) permanently affected with any contagious or infectious disease; or
  3. (c) permanently affected with any other disease rendering the bull unsuitable for breeding purposes;
and may revoke a licence in respect of a bull, if the bull appears to him to be inadequately prolific, or if any condition of the licence is contravened or not complied with.

(4) If the Minister refuses to grant or revokes a licence or permit, he shall give notice to that effect, in the case of a refusal of a licence or permit, to the applicant therefor, and, in the case of a revocation of a licence or permit, to the person stated therein to be the owner of the bull, and any such notice given in respect of a licence shall state the grounds for the refusal or revocation.

LORD HASTINGS moved, in subsection (2), to leave out "if the bull appears to him to be inadequately prolific, or." The noble Lord said: My Lords, the Amend- meat standing in my name, you will remember, was moved at the Committee stage by my noble friend Lord Banbury. There was some discussion on the more obvious inference of the words and during the course of that discussion the nimble brain of my noble friend Earl Stanhope descried the true import of the words. He thought having descried their import it would be wise that they should remain in the Bill. I regret that my slower mentality did not enable me, at the moment, to find the proper answer. But in point of fact the Ministry cannot afford anyhow to accept both the responsibility and the liability of giving to every bull which is licensed a certificate of prolificacy. That they should do so might, and not only might but would, involve the Ministry of Agriculture itself in difficulties of the most serious kind, and would unquestionably to a very large extent throw out of commission its livestock officers, a great part of whose lives in future would be spent in giving evidence in the witness box. I do not want to take up time in elaborating the matter, but I have been in consultation with responsible officials of the Ministry and although I am perfectly prepared to give to your Lordships a full discourse as to my reasons for holding this view, I greatly hope that the noble Earl will find it possible to accept my Amendment. I reserve to myself the right to say more if the noble Earl does not accept the Amendment. I beg to move.

Amendment moved— Page 2, line 24, leave out from the first ("bull") to ("if") in line 25.—(Lord Hastings.)

EARL DE LA WARR

My Lords, I will accept the Amendment subject to putting on the licence a statement to the effect that prolificacy is not guaranteed. That will let it be known that we have no liability and I think that covers the point.

LORD HASTINGS

I must thank the noble Earl for having accepted this Amendment. I agree with him that it is wise, rather than to retain the words, that there should be put on a licence a definite repudiation of liability for prolificacy. I would certainly agree to that.

On Question, Amendment agreed to.

EARL DE LA WARR moved, after subsection (4), to insert the following new subsection:— (5) If notice is duly given in accordance with the last foregoing subsection to a person who is not the owner of the bull, it shall be the duty of that person forthwith to take all reasonable steps to inform the owner accordingly, and, if he fails to do so, he shall be liable to indemnify the owner against any loss the owner may suffer by reason of the failure. The noble Earl said: My Lords, I move this Amendment in response to the feeling of the House.

Amendment moved— Page 2, line 37, at end insert the said new subsection.—(Earl De La Warr.)

Clause 3:

Change of ownership and duration of licence or permit.

3.—(1) A licence or permit granted under this Act shall become void on the expiration of one month after any change in the ownership of the bull to which it relates, but without prejudice to an application by the new owner for a new licence or permit, as the case may be.

(2) Upon any such change of ownership, other than a change in consequence of the death of the holder, the holder of the licence or permit shall forthwith deliver it to the new owner together with notice of suspension (if any) the terms of which have not already been endorsed thereon, and send by post to the Minister written notice of the name and address of the new owner, and the new owner upon delivery to him of the licence or permit shall become the holder thereof, subject to the terms of any notice of suspension which have not already been endorsed thereon, for the purposes of this Act; and, upon the death of the holder of a licence or permit, his personal representative shall become the holder thereof for the purposes of this Act.

(4) If the holder of a licence or permit fails to comply with any of the requirements of subsection (2) or subsection (3) of this section, he shall be liable on summary conviction to a fine not exceeding five pounds.

EARL DE LA WARR moved to leave out subsections (1) and (2) and insert the following new subsections:—

  1. "(1) Upon any change in the ownership of a bull in respect of which a licence or permit is in force under this Act (other than a change in consequence of the death of the holder), the holder of the licence or permit shall forthwith deliver it to the new owner together with any notice of suspension received by him in respect of the bull the terms of which have not already been endorsed thereon, and shall send by post to the Minister written notice of the name and address of the new owner, and the new owner, upon delivery to him of the licence 62 or permit, shall become the holder thereof for the purposes of this Act.
  2. (2) Upon the death of the holder of a licence or permit in force under this Act, his personal representative shall become the holder thereof for the purposes of this Act.
  3. (3) Any person becoming the holder of a licence or permit under the foregoing provisions of this section shall, within one month thereafter, send the licence or permit by post to the Minister, together with a request for the transfer thereof, and the Minister shall thereupon transfer the licence or permit to that person by endorsement or otherwise.
  4. (4) If any licence or permit is not sent to the Minister in accordance with the last foregoing subsection, it shall become void at the expiration of the said period of one month, but without prejudice to an application for a new licence or permit, as the case may be."

The noble Earl said: My Lords, this Amendment is to give effect to an undertaking which I gave in Committee. I beg to move.

Amendment moved— Page 3, line 13, leave out subsections (1) and (2) and insert the said new subsections. (Earl De La Warr.)

On Question, Amendment agreed to.

EARL DE LA WARR

My Lords, the next Amendment is consequential.

Amendment moved— Page 4, lines 7 and 8 leave out ("subsection (2) or subsection (3)") and insert ("subsection (1) or subsection (5)").—(Earl De La Warr.)

On Question, Amendment agreed to.

Clause 7 [Duty to produce licence or permit]:

EARL DE LA WARR

My Lords, there are two consequential Amendments to this clause.

Amendments moved— Page 9, line 4, leave out ("has been granted") and insert ("is in force") Page 9, line 9, leave out ("has been granted'') and insert ("is in force")

On Question, Amendments agreed to.