HL Deb 10 May 1932 vol 84 cc351-3

Read 3a (according to Order).

Clause 3:

Quota payments by millers and importers.

(3) If, in accordance with the by-laws of the Wheat Commission, it is proved to the satisfaction of the Commission that quota payments have been duly made in respect of any flour and that the flour has been exported or shipped as stores, a repayment shall be made or allowed by the Wheat Commission to the exporter, and the amount of the repayment to be so made or allowed in respect of any quantity of flour as at the date on which it is so exported or shipped as aforesaid shall be an amount equal to the quota payments payable in respect of a like quantity delivered on that date.

(4) If, in accordance with the by-laws of the Wheat Commission, it is proved to the satisfaction of the Commission with respect to any bread that the bread has been exported and that all the flour from which the bread was made was flour in respect of which quota payments have been duly made, a repayment shall he made or allowed by the Commission to the exporter, and the amount of the repayment to be so made or allowed in respect of any such bread, as at the date on which it is so exported as aforesaid, shall be calculated at such a rate that the amount of the repayment in respect of every three hundred and seventy-six pounds of bread shall be equal to the quota payments payable in respect of two hundred and eighty pounds of flour delivered on that date.

THE PARLIAMENTARY SECRETARY OF THE MINISTRY OF AGRICULTURE AND FISHERIES (EARL DE LA WARR) moved to omit subsections (3) and (4). The noble Earl said: My Lords, this is a drafting Amendment.

Amendment moved— Page 7, line 15, leave out from the beginning to the end of line 41.—(Earl De La Warr.)

On Question, Amendment agreed to.

EARL DE LA WARR moved, after Clause 3, to insert the following new clause:

Repayments in respect of flour and bread exported or shipped as stores.

".—(1) lf, in accordance with the by-laws of the Wheat Commission, it is proved to the satisfaction of the Commission that quota payments have been duly made in respect of any flour and that the flour has been exported or shipped as stores, a repayment Shall be made or allowed by the Commission to the exporter, and the amount of the repayment to be so made or allowed in respect of any quantity of flour, as at the date on which it is exported or shipped as stores, shall be an amount equal to the quota payments payable in respect of a like quantity delivered on that date.

"(2) If, in accordance with the by-laws of the Wheat Commission, it is proved to the satisfaction of the Commission with respect to any bread that the bread has been exported and that all the flour from which the bread was made was flour in respect of which quota payments have been duly made, a repayment shall be made or allowed by the Commission to the exporter, and the amount of the repayment to be so made or allowed in respect of any such bread, as at the date on which it is exported, shall be calculated at such a rate that the amount of the repayment in respect of every three hundred and seventy-six pounds of bread shall be equal to the quota payments payable in respect of two hundred and eighty pounds of flour delivered on that date."

The noble Earl said: My Lords, this is a consequential drafting Amendment.

Amendment moved— After Clause 3, insert the said new clause.—(Earl De La Warr.)

On Question, Amendment agreed to.

Clause 8 [Provisions as to Millers' Quota Fund]:

EARL DE LA WARR

My Lords, the next two Amendments are drafting.

Amendments moved—

Clause 8, page 15 line 6, leave out from ("appointed") to ("to") in line 7, and insert ("(after consultation with that corporation) by the Wheat Commission")

Clause 8, page 15 line 13, leave out from ("appointed") to ("from") in line 15, and insert ("(after consultation with that corporation) by the Wheat Commission").—(Earl De La Warr.)

On Question, Amendments agreed to.

Clause 15:

Penalties.

(3) If any miller or importer of flour, with intent to avoid payment of quota payments or otherwise with intent to deceive, contravenes or fails to comply with the bylaws of the Wheat Commission as to the time at which or the manner in which such payments are to be made, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding three times the amount due by way of quota payments in respect of the flour in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both such imprisonment and fine, and that flour shall be forfeited to the Wheat Commission who may dispose of it as they think fit.

EARL DE LA WARR moved, in subsection (3), after the first "exceeding," to insert "one hundred pounds or". The noble Earl said: My Lords, at the present moment any miller or flour importer who contravenes the by-laws of the Wheat Commission with a view to defrauding the fund is liable to a fine not exceeding three times the amount of which he endeavours to escape payment. If, therefore, his liability under the fund were, say, £20, his liability to a fine would be not exceeding £60. The Government consider that this is really such a serious offence that a fine not exceeding £60 may not be sufficient, and therefore these words are proposed to be added—"one hundred pounds or three times the amount,'' "whichever is the greater". I would stress that the £100 is not a minimum fine, but a maximum fine. It purely increases the discretion of the Court.

Amendment moved— Page 22, line 23, after ("exceeding") insert ("one hundred pounds or").—(Earl De La Warr.)

On Question, Amendment agreed to.

EARL DE LA WARR

My Lords, the next Amendment is consequential on that just passed.

Amendment moved— Page 22, line 30, after ("committed") insert ("whichever is the greater").—(Earl De La Warr.)

On Question, Amendment agreed to.

First Schedule: