HL Deb 15 July 1954 vol 188 cc1089-92

2.37 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(The Duke of Northumberland.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF DROGHEDA in the Chair]

Clause 1 [Licensing of premises for slaughter of animals]:

THE DUKE OF NORTHUMBERLAND moved to add to subsection (3): or (b) paragraph 2 of the First Schedule to the Slaughterhouses Act, 1954 (under which a slaughterhouse licence is, in the case of certain classes of premises, to be granted as of right subject to the application for the licence being made before the first day of January, nineteen hundred and fifty-five).

The noble Duke said: All the Amendments on the Order Paper are either drafting Amendments or Amendments consequential upon the passing of the Slaughterhouses Act, 1954, which became law on July 5. I hope, therefore, that I need not take up much of your Lordships' time in lengthy explanations of the somewhat technical and complicated matters with which they deal. The purpose of the first Amendment is to avoid conflict between certain provisions of this Bill and of the Slaughterhouses Act. Thus, the First Schedule to the Slaughterhouses Act says that for a limited period in certain circumstances a licence shall be granted, and Clause 1 (3) of this Bill says in certain circumstances a licence shall not be granted. This Amendment disposes of that anomaly by preserving the provision of the First Schedule of the Slaughterhouses Act. I beg to move.

Amendment moved— Page 1, line 27, at end insert the said words.—(The Duke of Northumberland.)

On Question, Amendment agreed to.

THE DUKE OF NORTHUMBERLAND moved to leave out subsection (4) and to insert: (4) In the application of this section to Scotland—

  1. (a) in subsections (1) and (2), for any reference to a licence granted under section fifty-seven of the Food and Drugs Act, 1938, in so far as that section relates to the licensing of slaughterhouses, there shall be substituted a reference to a registration under section nine of the Slaughterhouses Act, 1954 (which provides for registration in respect of slaughterhouses), and in so far as the said section fifty-seven relates to the licensing of knackers' yards there shall be substituted a reference to a licence under section thirty-three of the Public Health (Scotland) Act, 1897 (which provides for the licensing of knackers' yards);
  2. (b) in subsection (3), for any reference to section fifty-seven of the said Act of 1938 there shall be substituted a reference to section thirty-three of the Public Health (Scotland) Act, 1897; and
  3. (c) where a local authority refuse to grant a registration in respect of premises under section nine of the Slaughterhouses Act, 1954, expressly authorising the use of the premises in question for or in connection with the slaughter of horses, any such refusal shall, for the purposes of subsection (8) of section ten of the said Act (which allows to a person aggrieved by a decision of a local authority under that section an appeal to the Secretary of State) be treated as a refusal of registration under the said section."

The noble Duke said: This Amendment is consequential for Scotland upon the passing of the Slaughterhouses Act. The Bill is related at present to the provisions of Section 33 of the Public Health (Scotland) Act, 1897. The provisions of that Act relating to slaughterhouses were repealed by the Slaughterhouses Act, and it is therefore necessary to substitute Sections 9 and 10 of that Act for the provisions of Section 33 of the Public Health (Scotland) Act. The position as regards knackers' yards is in no way affected. As a result of the proposed Amendment, subsection (3) of Clause 1 will cease to apply to slaughterhouses because exactly the same duty is imposed upon the local authorities under Section 10 (3) of the Slaughterhouses Act. Paragraph (c) of the Amendment gives a person in Scotland who has been refused an express authorisation to slaughter horses the same right of appeal as is given to persons in England. I beg to move.

Amendment moved— Page 2, line 1, leave out subsection (4) and insert the said new subsection.—(The Duke of Northumberland.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Clauses 2 to 4 agreed to.

Clause 5 [Penalties for certain offences]:

THE DUKE OF NORTHUMBERLAND

This Amendment and the next are entirely consequential on the passing of the Slaughterhouses Act, 1954. In view of the fact that the law relating to slaughterhouses in Scotland is now contained in different Statutes, it seems clearer to substitute a new subsection for subsection (3) to deal with the position in Scotland. I beg to move.

Amendment moved— Page 5, line 8, leave out from ("1928") to ("for") in line 14.—(The Duke of Northumberland.)

On Question, Amendment agreed to.

THE DUKE OF NORTHUMBERLAND

This is a consequential Amendment. I beg to move.

Amendment moved—

Page 5, line 17, at end insert— and

(b) for subsection (3) there shall be substituted the following subsection— '(3) Where a person convicted of an offence in respect of any such contravention as aforesaid or of an offence against regulations made under section two of this Act is registered in respect of premises under section nine of the Slaughterhouses Act. 1954, or is the holder of a licence granted under section thirty-three of the Public Health (Scotland) Act. 1897, the court may, where such registration or licence relates to premises where the offence was committed, in addition to any other penalty, cancel the registration or the licence, as the case may be.'"—(The Duke of Northumberland.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Clauses 6 to 8 agreed to.

Clause 9 [Interpretation and construction]:

THE DUKE OF NORTHUMBERLAND

This is a drafting Amendment. I beg to move.

Amendment moved—

Page 6, line 16, leave out subsections (2) and (3) and to insert: (2) This Act, except as it applies to Scotland, and except so far as it amends the Food and Drugs Act, 1938, shall be construed as one with the Slaughter of Animals Act, 1933. (3) This Act, as it applies to Scotland and except so far as it amends the Public Health (Scotland) Act, 1897, and the Slaughterhouses Act, 1954, shall be construed as one with the Slaughter of Animals (Scotland) Acts, 1928 to 1953."—(The Duke of Northumberland.)

On Question, Amendment agreed to.

Clause 9, as amended, agreed to.

Remaining clauses agreed to.

First Schedule agreed to.

Second Schedule [Amendments and repeals]:

THE DUKE OF NORTHUMBERLAND

This Amendment is consequential for England on the passing of the Slaughterhouses Act. Paragraph (a) of the Second Schedule is superseded by Section 3 (4) of the Slaughterhouses Act, 1954, and the repeals under paragraph (b) are also effected by that section and by the Second Schedule to that Act. I beg to move.

Amendment moved— Page 8, leave out lines 26 to 33.—(The Duke of Northumberland.)

On Question, Amendment agreed to.

THE DUKE OF NORTHUMBERLAND

This Amendment is consequential on the last, and the remarks I then made cover it. I beg to move.

Amendment moved— Page 11, line 22, third column, leave out lines 22 to 25.—(The Duke of Northumberland.)

On Question, Amendment agreed to.

Remaining Schedule, as amended, agreed to.