§ 4.38 p.m.
§ Order of the Day read for the consideration of the Commons Amendments.
§ Moved, That the Commons Amendments be now considered.—(Lord St. Oswald.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ [The references are to Bill [55] as first printed for the House of Commons]
§ In the Title, line 14, after ("potatoes") insert ("to authorise measures to prevent injurious cross-pollination").
§ Clause 5, page 6, line 8, after ("including") insert ("alterations,").
§ Clause 5, page 6, line 29, leave out from ("If") to ("in") in line 30 and insert (", where a name is registered under this section for a plant variety, any person uses that name, or a name so nearly resembling it as to be likely to deceive or cause confusion,").
§ Clause 10, page 12, line 10, at end insert—
§ (" (a) to provide for determining in which part of Great Britain any appeal is to be heard;").
§ Clause 24, page 26, line 42, after ("authority") insert (", and in accordance, with the terms,").
§ Clause 24, page 27, line 11, leave] out ("forfeited") and insert ("liable to forfeiture under the Customs and Excise Act 1952").
49§ Transpose Clause 24 as amended to after Clause 32 as Part IIA of the Bill.
§ Clause 31, page 32, line 46, leave out from ("trees") to end of line 47.
§ After Clause 32, insert the following new clause:
§ Measures to prevent injurious cross-pollination affecting crops of seeds
§ (" .—(1) This section shall have effect for the purpose of maintaining the purity of seed of any types and varieties of plants of any species of the genus Album, Beta or Brassica.
§ (2) The Minister may by order bring this section into force in an area in any part of Great Britain in which persons are engaged in growing crops of seeds of any type or variety of plant mentioned in subsection (1) of this section if he is satisfied that in that area satisfactory arrangements (whether legally enforceable or not) have been made for locating such crops so as to isolate them from crops or plants which might cause injurious cross-pollination.
§ (3) An order under this section—
- (a) shall be made after consultation with the persons responsible for the arrangements mentioned in subsection (2) of this section, and with persons representative of such other interests as appear to the Minister to be concerned. and
- (b) shall be made by statutory instrument and may be varied or revoked by a subsequent order so made.
§ (4) An order under this section—
- (a) shall state which of the types and varieties of plants mentioned in subsection (1) of this section are protected by the order, and
- (b) shall specify the kinds of crops and plants which are to be controlled in the area to which the order relates, and
- (c) may relate to more than one area and, if so, may make different provision under paragraphs (a) and (b) of this subsection in respect of the different areas to which it relates;
- (i)"protected crop" means a crop of a type or variety of plant which is protected by the order in that area, being a crop grown for the purpose of producing seeds, and
- (ii) "controlled crops or plants" means crops grown for any purpose, of the types or varieties of plants which are protected by the order in that area, and such additional kinds of crops or plants, whether grown or self-sown and whether of those or any other types of varieties, as may be specified in the order for the purposes of this definition in that area.
§ (5) If in an area where this section is in force controlled crops or plants are growing and, on an application made in accordance with Schedule ("Cross-pollination injuring protected crops") to this Act, the Minister is satisfied— 50
- (a) that they are causing or may cause injurious cross-pollination in a protected crop which is being grown in the area, and
- (b) in the case of controlled crops or plants which are not self-sown, that the person growing them did not give to the persons responsible for the arrangements mentioned in subsection (2) of this section such notice of his intention to grow those crops or plants to the flowering stage as would have enabled them to take any appropriate steps for altering the arrangements,
§ (6) if the person served with a notice under this section does not comply with any requirement in the notice, the Minister may enter and do what that person has failed to do or, if in the opinion of the Minister that would no longer serve the purpose for which the notice was served, may take such other action as appears to the Minister appropriate for that purpose; and where, when the default occurs, further obligations remain under the notice, the Minister may also take such action as appears to him appropriate to meet the purposes for which those further obligations were imposed.
§ The Minister may recover from the person on whom the notice was served a sum equal to the reasonable cost incurred by the Minister in taking any action under this subsection.
§ (7) Without prejudice to the power of proceeding under the last foregoing subsection, a person who unreasonably fails to comply with any requirement in a notice under this section shall be liable on summary conviction—
- (a) in the case of a first offence under this subsection, to a fine not exceeding twenty pounds, and
- (b) in the case of a second or subsequent offence under this subsection, to a fine not exceeding fifty pounds.
§ (8) A person duly authorised by the Minister may, on production if so required of his authority, at all reasonable hours enter on any land (but not into any dwelling-house) in an area where this section is in force for the purpose of ascertaining whether controlled crops or plants are growing on the land or of inspecting and taking samples of any controlled crops or plants growing on the land.
§ (9) A notice under this section or Schedule ("Cross-pollination injuring protected crops") to this Act may be served by leaving it at, or sending it by post addressed to, the last known address of the person on whom it is to be served, and if it is not practicable after reasonable inquiry to ascertain his name and address, the notice may be served by addressing it to him as "the occupier" of the land and affixing it or a copy of it to some conspicuous object on the land.
§ (10) A person who obstructs or impedes a person acting in the exercise of the powers conferred by subsection (6) or subsection 51 (8) of this section shall be liable on summary conviction to a fine not exceeding twenty pounds.
§
(11) In this section, and in the said Schedule—
the occupier" means, in the case of unoccupied land, the person entitled to occupy the land;
protected crop" and "controlled crops or plants" have the meanings respectively assigned by subsection (4) of this section.")
Clause 37, page 35, line 11, at end insert—
("(2) References in this Act to seeds are references to seeds for sowing.")
Clause 40, page 37, line 33, leave out ("Part II") and insert ("Parts II and IIA")
Schedule 1, page 38, line 41, after ("rights") insert (", or would under sections 5(6) of this Act have been actionable in proceedings by the holder of those rights,")
Schedule 4, page 45, line 37, leave out from ("proceedings") to ("in") in line 38.
After Schedule 6, insert the following new Schedule—
§ ("CROSS-POLLINATION INJURING PROTECTED CROPS
§ 1. An application under section (Measures to prevent injurious cross-pollination affecting crops of seeds) of this Act seeking the issue of a notice under that section shall be in writing.
§ 2. Before deciding whether to issue a notice in accordance with the application the Minister shall serve a notice on the occupier of the land giving him particulars of the application, and of his right to make representations in accordance with the next following paragraph.
§ 3. The Minister shall, if requested within such time as may he specified in the notice under paragraph 2 above, afford to the applicant, and to the occupier of the land, an opportunity of appearing before and making representations to a person appointed by the Minister for the purpose.
§ 4. In deciding whether to issue a notice in accordance with the application, and in deciding the terms of any such notice, the Minister shall have regard—
- (a) to the need to maintain, in the interests of the public, the purity of the seed in question,
- (b) to the degree to which the injurious cross-pollination will or may diminish the value of the protected crop or disturb arrangements made for the purpose of maintaining the purity of the seed in question, and
- (c) to the value, if any, of the controlled crops or plants and the inconvenience or disturbance involved in complying with a notice.")
LORD ST. OSWALDMy Lords, I ought first to point out a small printing error in Amendment 13, on Schedule 4. It should read, "Page 45, line 37, leave out from ('proceedings') to the first 52 ('in') in line 37." The word "in" occurs twice. Before going on to move approval of these Amendments, I think it may help your Lordships if I make a few general points concerning them, and say something in a little detail about the more significant changes. They are, for the most part, drafting changes, some of them consequent upon Amendments made in your Lordships' House, which I think have improved the Bill without altering its basic provisions.
The principal change is the insertion of a new clause, Clause 33, which deals with measures to prevent injurious cross-pollination of seed crops. It will not have escaped your Lordships' notice that this has required the amendment of the Long Title, and it has also been thought logical to rearrange the clauses slightly, so that we now have four instead of three Parts of the Bill. In particular, Clause 24 has been moved back in the Bill, so that it should precede the new Clause 33. I am sure your Lordships will agree that this is an appropriate Amendment.
So far as the new clause itself is concerned, your Lordships will recall that when we discussed this subject at Committee stage, on an Amendment put forward by the noble Lord, Lord Wise, I explained that, while recognising the genuine importance of the problem and its extent, I foresaw considerable difficulties of enforcement. I am happy to say that we have been able, following intensive discussions with the interests mainly concerned, to resolve most of these difficulties. The clause as it now stands has the support, not only of the seed trade and the National Farmers' Union, but also of the National Allotments and Gardens Society, all of whom recognise the importance of high quality seed with little or no varietal impurity, and are willing to encourage their members to co-operate in a good neighbour policy.
Your Lordships will observe that the clause is a complex one. It is not simply a matter of taking powers to issue Orders, with no means of enforcement. We have to go the whole way if the purpose of safeguarding valuable seed crops is to be fulfilled. But we have tried to keep interference down to a minimum. The clause will apply only to certain seed crops in the intensive seed-growing areas, and no Order will be made by the Minister unless merchants and growers in the 53 area have first made satisfactory arrangements among themselves for the necessary isolation of seed crops. The Minister has the power to intervene in cases where there may be a danger of injurious cross-pollination from other crops in the area; but he will do so only on application and after inspection and enquiry have shown that the danger exists and that private negotiation has failed to remove the cause. I am personally very happy that the point raised by the noble Lord, Lord Wise, in Committee in this House was eventually met, though not by me.
My Lords, I do not think there is anything else of any great interest in any of the Amendments. If it is to the convenience of the House I should prefer to move them en bloc, but if any other noble Lord has anything to say I shall naturally be pleased to listen.
§ LORD CHAMPIONMy Lords, I rise only to say that my noble friend Lord Wise is unable to he present, but that he particularly welcomes the new clause referred to by the noble Lord, Lord St. Oswald. So far as my noble friend Lord Wise is concerned, having studied these Amendments, he says that they ought to be acceptable to the House, and he would be quite prepared for them to be moved and accepted en bloc.
LORD ST. OSWALDMy Lords, I beg to move that this House doth agree with the Commons in the said Amendments.
§ Moved, That this House doth agree with the Commons in the said Amendments.(Lord St. Oswald.)
§ On Question, Motion agreed to.