HL Deb 12 December 1968 vol 298 cc654-61

4.21 p.m.

LORD BESWICK

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(Lord Beswick.)

On Question, Motion agreed to.

House in Committee accordingly

[THE LORD AIREDALE in the Chair.]

Clauses 1 to 3 agreed to.

Clause 4 [Provisions with respect to levies which may be imposed on the white fish and herring industries]:

LORD BESWICK moved Amendment No. 1: Page 4, line 36, at end insert ("in any manner specified in the directions, whether or not the application of those sums in that manner is authorised by the relevant provision or instrument.").

The noble Lord said: It happens is that the first Amendment on the Marshalled List of Amendments is the only one on which I have any point of substance to explain to the Committee. So it might be convenient if I made that point, and then said a very brief collective word about all the subsequent Amendments.

We have put down the first Amendment, that to Clause 4, merely in order to remove a doubt which we are advised might otherwise exist. Subsection (9) of Clause 4 provides machinery for dealing with the proceeds of any levy that might be put on something like meal or flour which can have both white fish and herring in it. Obviously one could have a situation in which some money collected by the White Fish Authority should go to the Herring Industry Board, or vice versa. I am advised that without this Amendment there might possibly be obstacles to transfer payments like this; and clearly the doubt should be removed.

Now, with your Lordships' permission, I turn to all the remaining Amendments. Each one of these either tidies up the drafting of the present Bill, or paves the way for the draftsman to make a better job of the consolidation for which the noble Lord, Lord Airedale, so persuasively asked on Second Reading. We have found that there is even more scope for removing dead wood, and for shaping the remaining branches, than had been thought at the time when I introduced the Bill here. I am sure the Committee will agree that this opportunity of tidying up the preparatory work is one that we should take. While, therefore, I shall be ready to give further explanations of individual Amendments if desired, I hope it will be agreed that I should move the Amendments formally when they are called, with the exception of No. 15, on which I think some explanation is needed. I beg to move.

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Clauses 5 to 21 agreed to.

Clause 22 [Minor and consequential amendments and repeals, and savings]:

LORD BESWICK

I beg to move Amendment No. 2.

Amendment moved—

Page 15, line 37, at end insert— ("(3) Any reference to boats in the Herring Industry Act 1935, the Herring Industry Act 1944 or the White Fish and Herring Industries Act 1948 shall be construed as a reference to vessels.")—(Lord Beswick.)

On Question, Amendment agreed to.

Clause 22, as amended, agreed to.

Schedule 1 [Schedule 1—Minor and consequential amendments]:

LORD BESWICK

I beg to move Amendment No. 3.

Amendment moved—

Page 17, line 5, at end insert—

"The Herring Industry Act 1935 (c. 9)

1. In section 6(3) (offences by body corporate)—

  1. (a) for the word 'approval' there shall be substituted the word 'connivance';
  2. (b) for the words 'to have been facilitated by' there shall be substituted the words 'is attributable to';
  3. (c) for the words 'officer of the body corporate' there shall be substituted the words 'similar officer of the body corporate, or any person who was purporting to act in any such capacity'.

In section 14 (interpretation) the definition of 'boat' shall cease to have effect.

In Schedule 2 (provisions of the Agricultural Marketing Act 1931 applied with modifications to a consumers' committee and a committee of investigation appointed for the herring industry)—

  1. (a) any reference to the products of the herring industry shall be construed as a reference to herring and their products;
  2. (b) in section 9(6) of the said Act of 1931 as set out in the said Schedule the words 'or commodities produced wholly or partly therefrom' and the words 'or such commodities as aforesaid' shall cease to have effect;
  3. (c) at the end of the said section 9, as so set out, there shall be inserted the following subsection—

'(7) In this Schedule "products" has the same meaning as in Part I of the Sea Fish Industry Act 1951.'

The Herring Industry Act 1938 (c. 42)

2. In section 2(1) (Herring Industry Advisory Council) the words 'and assistance' shall cease to have effect.").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 4.

Amendment moved—

Page 17, line 10, at end insert— ("1A. In section 18(6) (offences by body corporate) after the words "similiar officer of the body corporate" there shall be inserted the words "or any person who was purporting to act in any such capacity".").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 5.

Amendment moved— Page 19, line 31, after ("landed in the Isle of Man") insert ("in the first place where they occur").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 6.

Amendment moved— Page 19, line 32, leave out ("were to be").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 7.

Amendment moved— Page 19, line 35, after ("or") insert ("were to be").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 8.

Amendment moved—

Page 20, line 2, at end insert—

"The Sea Fisheries Act 1868 (c. 45)

17A. In section 26 (sea-fishing boats within exclusive limits and British sea-fishing boats outside those limits, to have official papers)—

  1. (a) for the words "such Order in Council" there shall be substituted the words "an Order in Council under section 373 of the Merchant Shipping Act 1894";
  2. (b) after the words "British Islands" there shall be inserted the words "within the meaning of the Sea Fisheries Act 1968";
  3. (c) for the words "this part of this Act", in both places where they occur there shall be substituted the words "that section";
  4. (d) for the words "sea fishery officer" there shall be substituted the words "British sea-fishery officer within the meaning of section 7 of the said Act of 1968".—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 9.

Amendment moved— Page 20, line 35, after ("Act") insert ("or byelaw").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 10.

Amendment moved— Page 21, line 7, at end insert—

("The Fisheries Act 1891 (c. 37)

24A. In section 13 (powers of taking legal proceedings) the words "the Sea Fisheries Act 1883 or any other Act relating to sea fisheries or by" shall cease to have effect.").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 11.

Amendment moved—

Page 21, line 9, leave out paragraph 25 and insert the following paragraph— ("25. For section 373(6) (application of certain statutory provisions to registry of British fishing boats) there shall be substituted the following subsection— (6) Sections 8 and 9 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers, and powers of sea-fishery officers to enforce conventions) shall apply in relation to this section and any Order in Council thereunder, and to any convention mentioned in subsection (5) above, as they apply respectively in relation to any order mentioned in the said section 9; and sections 10, 11, 12 and 14 of that Act (offences, and supplemental provisions as to legal proceedings) shall apply accordingly.").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 12.

Amendment moved—

Page 21, line 51, at end insert—

("The Sea Fisheries Regulation Act 1966 (c. 38)

29A. In section 13(5) (powers of local fisheries committees), the words from the beginning to "1883" and from "the provisions" to "and of" and the word "other" shall cease to have effect.").—(Lord Beswick.)

On Question, Amendment agreed to.

Schedule 1, as amended, agreed to.

Schedule 2 [Enactments repealed]:

LORD BESWICK

I beg to move Amendment No. 13.

Amendment moved—

Page 22, line 36, at end insert—

("31 &32 Vict. c. 45. The Sea Fisheries Act 1868. Section 1.
In section 5, the definitions of 'person' and 'the Irish Fishery Commissioners'.
Section 67.
In section 70, the proviso.
25 & 26 Geo. 5. c. 9. The Herring Industry Act 1935. In section 14, the definition of 'boat'.
In Schedule 2, in section 9(6) of the Agricultural Marketing Act 1931 as there set out, the words 'or commodities produced wholly or partly therefrom' and the words 'or such commodities as aforesaid'.
1 & 2 Geo. 6. c. 30. The Sea Fish Industry Act 1938. Section 50.
1 & 2 Geo. 6. c. 42. The Herring Industry Act 1938. In section 2(1) the words 'and assistance'.")

—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 14.

Amendment moved—

Page 22, line 41, at end insert—

("14 & 15 Geo.6. c.30. The Sea Fish Industry Act 1951. Section 13(3).")

—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

Amendment No. 15 is again a tidying-up Amendment which repeals certain obsolete sections and parts of sections of the 1868 Act. It is an excellent Amendment, which I should entirely commend to the Committee were it not for the fact that in the last two lines of the Amendment shown there is a misprint that is to say, the words, "in the third place where it occurs", in the reference to section 70, should read "in the fourth place where it occurs". I therefore invite your Lordships to agree to this Amendment with the substitution of the word "fourth" for the word "third" in the last line of the Amendment. I beg to move.

Amendment moved—

Page 23 line 29, at end insert—

("31 &32 Vict. c. 45. The Sea Fisheries Act 1868. In section 5, the definitions of "Great Britain and Ireland", "United Kingdom", "exclusive fishery limits of the British Islands" and "exclusive fishery limits of France".
In section 57, the words from "or under" to "provided)".
Section 63.
In section 65, the second paragraph.
Section 66.
In section 70, the words from the beginning to "save as aforesaid", the words from "the seas adjoining" to "the whole of" and the words from "and to the seas" to "British Islands" in the fourth place where it occurs.")

—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 16.

Amendment moved—

Page 23, line 39, at end insert—

"In section 13, the words 'the Sea Fisheries Act 1883 or any other Act relating to sea fisheries, or by'.")

—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 17.

Amendment moved—

Page 23, line 41, at end insert—

("1 & 2 Geo. 6. c. 30. The Sea Fish Industry Act 1938. Section 54.
Section 59.
Section 61.
Section 62.
Section 63(2).")

—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 18.

Amendment moved—

Page 24, line 6, at end insert—

("1966 c. 38. The Sea Fisheries Regulation Act 1966. In section 13(5), the words from the beginning to'1883' and from 'the provisions' to 'and of' and the word 'other'.")

—(Lord Beswick.)

On Question, Amendment agreed to.

Schedule 2, as amended, agreed to.

In the Title:

LORD BESWICK

I beg to move Amendment No. 19.

Amendment moved— Page 1, line 6, leave out ("and").—(Lord Beswick.)

On Question, Amendment agreed to.

LORD BESWICK

I beg to move Amendment No. 20.

Amendment moved— Page 1, line 8, after ("sea") insert ("to remove anomalies in certain enactments relating to sea fisheries and the white fish and herring industries and to repeal other such enactments which are obsolete or unnecessary.").—(Lord Beswick.)

On Question, Amendment agreed to.

Title, as amended, agreed to.

House resumed: Bill reported, with Amendments.