§ Order of the Day for receiving the Report of Amendments read.
§ LORD TEMPLEMOREMy Lords, in moving that this Report be received, I would say that I hope your Lordships will excuse my appearance at this box instead of my noble friend the Earl of Feversham. My noble friend has gone to Rome as the official British delegate at a conference of the International Institute of Agriculture. In those circumstances I have been called to take his place. I beg to move.
§ Moved, That the Report of Amendments be now received.—(Lord Templemore.)
§ On Question, Motion agreed to, and Amendments reported accordingly.
§ Clause 4:
§ Power of Commission to regulate marketing of white fish.
§ (4) The Commission may, in relation to premises used for fish markets, make regulations—
- (a) for regulating the holding and conduct of auctions in respect of white fish at any such premises as aforesaid, and, in particular, for fixing or limiting the number of places at which such auctions may be separately held on the premises at the same time;
- (b) for fixing or limiting the charges that may be made by any person in respect of sales of white fish which, at any such premises as aforesaid, are effected by him on behalf of another person, or in respect of goods supplied, or services rendered, by him in connection with the consignment of white fish for sale at any such premises;
§ LORD TEMPLEMORE moved, in subsection (4), to leave out "in relation to premises used for fish markets." The noble Lord said: My Lords, under subsection (4) of this clause regulations made by the Commission may apply only in relation to premises used for fish markets. Paragraph (c) of this subsection, which 333 gives power to the Commission to make regulations requiring the salesman, where fish are sold on commission, to furnish certain particulars of the sale to the owner or consigner of the fish, was inserted in the Bill by your Lordships on Committee stage. Sales of fish on commission may, however, take place outside the actual premises used for a market. Moreover, it is felt on consideration that the word "premises" imposes a limitation as regards paragraphs (a) and (b) of the subsection that is unnecessary and, indeed, may be undesirable. I beg to move.
§
Amendment moved—
Page 6, line 32, leave out from ("may") to ("make") in lint 33.—(Lord Temple-more.)
§ LORD TEMPLEMOREMy Lords, the next Amendment, in paragraph (a), is consequential. I beg to move.
§
Amendment moved—
Page 6, line 35, leave out ("at any such premises as aforesaid").—(Lord Templemore.)
§ LORD TEMPLEMOREMy Lords, the next Amendment, in the same paragraph, is also consequential. I beg to move.
§
Amendment moved—
Page 6, line 38, leave out ("on the premises") and insert ("at any one place or set of premises").—(Lord Templemore.)
§ LORD TEMPLEMOREMy Lords, there is a third consequential Amendment, in paragraph (b). I beg to move.
§
Amendment moved—
Page 6, line 42, leaves out ("at any such premises as aforesaid").—(Lord Templemore.)
§ LORD TEMPLEMORE moved, in subsection (4) (b), after "another person," to insert "(whether by auction or on commission or otherwise)." The noble Lord said: My Lords, this is really little more than a drafting Amendment designed to make it clear that the regulations which the Commission are empowered to make for fixing or limiting charges made by a person selling white fish on behalf of another person apply to all such sales whether carried out by auction or on commission or otherwise. I beg to move.
334
§
Amendment moved—
Page 6, line 43, at end insert ("(whether by auction or on commission or otherwise)").—(Lord Templemore.)
§ LORD TEMPLEMOREMy Lords, the next is a drafting Amendment in paragraph (b). I beg to move.
§
Amendment moved—
Page 7, line 3, after ("fish") insert ("to him").—(Lord Templemore.)
§ LORD TEMPLEMOREMy Lords, the next Amendment is consequential. I beg to move.
§
Amendment moved—
Page 7, line 3, leave out ("at any such premises") and insert ("as aforesaid").—(Lord Templemore.)
§ Clause 7:
§ Constitution of boards to administer marketing schemes.
§ (2) It shall be the duty of the Ministers to satisfy themselves, with respect to any person whom they propose to appoint to be a member of the board to administer a marketing scheme, or who is a member of such a board, that that person will have or has, as the case may be, no such financial or commercial interest as is likely to affect him in the discharge of his functions as a member of the board; and any such person shall, whenever requested by the Ministers so to do, furnish to them such information as they consider necessary for the performance of their duty under this subsection.
§
LORD TEMPLEMORE moved, after subsection (1), to insert:
(2) Every person who, by virtue of an appointment of the Ministers, is a member of the board administering a marketing scheme shall hold and vacate office in accordance with the terms of the instrument under which he is appointed; but any such person may, notwithstanding anything in such an instrument, resign his office by a notice given under his hand to the Ministers, and, upon ceasing to hold office, shall be eligible for reappointment to the board.
§ The noble Lord said: My Lords, on the Committee stage of the Bill attention was drawn by my noble and watchful friend Viscount Bertie of Thame, who I regret is not in his place now, to a defect in Clause 7 (2) of the Bill in that the subsection (which lays on Ministers the duty of satisfying themselves that any person appointed by them as a member of a marketing board has no such financial or commercial interest as would 335 be likely to affect him in the discharge of his functions as a member of the Board), made no provision for Ministerial action in the case of an unsuitable member. It was then indicated that the Government would move an Amendment on Report stage to meet this point and the Amendment now proposed is designed to achieve this object. The Amendment applies in relation to the independent members of a marketing board the same procedure as is applied to the members of the White Fish Commission, under paragraph 3 of the First Schedule to the Bill; that is, the conditions under which such member shall hold and vacate office will be embodied in the instrument of appointment. I beg to move.
§
Amendment moved—
Page 10, line 25, at end insert the said new subsection.—(Lord Templemore.)
§ LORD TEMPLEMORE moved, in subsection (2), to leave out "or who is a member of such a board." The noble Lord said: My Lords, this Amendment and the next two following Amendments on the paper which should all be read together are drafting Amendments designed to bring Clause 7 (2) of the Bill into line with paragraph 5 of the First Schedule. It was found that paragraph 5 of the Schedule as originally drafted inferred that there was to be a continuing obligation on the Ministers to satisfy themselves that a member of the White Fish Commission did not acquire such financial or commercial interest as would be likely to affect him in the discharge of his functions as a member of the board. It was considered sufficient that Ministers should so satisfy themselves only from time to time and Amendments were therefore moved and carried on Committee stage to effect this. The three Amendments now proposed achieve the same object in relation to members of marketing boards appointed by Ministers. I beg to move.
§
Amendment moved—
Page 10, line 29, leave out from ("scheme") to the first ("that") in line 30.—(Lord Templemore.)
§ LORD TEMPLEMOREMy Lords, I beg to move the next Amendment.
§
Amendment moved—
Page 10, line 30, leave out ("or has, as the case may be").—(Lord Templemore.)
§ LORD TEMPLEMOREMy Lords, I beg to move the last of these drafting Amendments on this clause.
§
Amendment moved—
Page 10, line 33, after ("board") insert ("and also to satisfy themselves from time to time, with respect to any person who, by virtue of an appointment of the Ministers, is a member of the board, that he has no such interest as aforesaid").—(Lord Templemore.)
§ Clause 9 [Licensing provisions of producers' marketing schemes]:
§ LORD TEMPLEMOREMy Lords, the Amendment to this clause is a drafting Amendment. I beg to move.
§
Amendment moved—
Page 14, line 25, after ("scheme") insert ("or").—(Lord Templemore.)
§ Clause 15:
§ Appointment and functions of consumers' committee and committee of investigation.
§
(5) If the committee of investigation reports to the Ministers that any provision of a marketing scheme or any act or omission of a board administering such a scheme is contrary to the interests of consumers of white fish, or is contrary to the interests of any persons affected by the scheme and is not in the public interest, the Ministers, if they think fit so to do after considering the report,—
(a)…
§ LORD TEMPLEMOREMy first Amendment to this clause is a purely drafting Amendment to correct a grammatical error to which attention has been drawn by my noble friend Viscount Bertie of Thame. We are much obliged to the noble Viscount for his help. I beg to move.
§
Amendment moved—
Page 22, line 42, leave out ("their") and insert ("its").—(Lord Templemore.)
§ LORD TEMPLEMORE moved, in subsection (5), after "or", where that word occurs for the third time, to insert "that any such provision, act or omission." The noble Lord said: My Lords, this is a drafting Amendment designed to bring the wording of the first part of this sub- 337 section, which defines the action which may be taken by Ministers on a Report of the Committee of Investigation on the working of a marketing scheme into line with Clause 13 (7) of the Bill which defines the action which may be taken by Ministers independently of any such report from the Committee of Investigation, after considering the effect of the operation of a scheme. I beg to move.
§
Amendment moved—
Page 23, line 12, after ("or") insert ("that any such provision, act or omission").—(Lord Templemore.)
§ Clause 19 [Registration under co-operative schemes]:
§ LORD TEMPLEMOREMy Lords, there is a drafting Amendment to this clause. I beg to move.
§
Amendment moved—
Page 27, line 21, leave out ("such a") and insert ("the").—(Lord Templemore.)
§ Clause 20 [Provisions with respect to submission, confirmation, amendment and revocation of co-operative schemes]:
§ LORD TEMPLEMOREMy Lords, this is another drafting Amendment to correct a grammatical error to which attention has been drawn by my noble friend Viscount Bertie of Thame. I beg to move.
§
Amendment moved—
Page 29, line 36, leave out ("their") and insert ("its").—(Lord Templemore.)
§ First Schedule [Constitution of the Commission]:
§ LORD TEMPLEMOREMy Lords, this is a drafting amendment. The word proposed to be omitted would appear to be unnecessary in view of the subsequent words "given under his hand." I beg to move.
§
Amendment moved—
Page 61, line 14, leave out ("written").—(Lord Templemore.)
§ Second Schedule [Incidental Provisions as to White Fish Industry Joint Council]:
§ LORD TEMPLEMOREMy Lords, this is a drafting Amendment exactly similar to the Amendment made in the First Schedule. I beg to move.
§
Amendment moved—
Page 63, line 15, leave out ("written").—(Lord Templemore.)