ANIMALS BILL [H.L.] (Hansard, 16 December 1969)

§ THE LORD CHANCELLOR (LORD GARDINER)
My Lords, I have it in Command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Animals Bill, has consented to place Her interest, so far as it is concerned on behalf of the Crown, at the disposal of Parliament for the purposes of the Bill.
I beg to move that this Bill be now read a third time.

§ THE LORD CHANCELLOR
My Lords, I beg to move that this Bill do now pass. Three of the four Parts of the Bill were relatively not contentious, but we have submitted the whole of the Bill to a searching examination, with, I think, useful results. In the difficult field of dogs worrying sheep and poultry I think we have got matters right, with the assistance of the noble Earl, Lord Selkirk, and we have brought within the scope of the provision pheasants and partridges, quail and peacocks—some of which I should think would be quite surprised to find themselves called "poultry". In the field of general injuries and damage we have improved the provisions relating to injuries sustained by those who, at the time, were trespassing.
In the more contentious field of animals straying on to highways we have examined every alternative possibility, and I am convinced, in spite of the doubts expressed by farmers, that the one thought we shall be thinking in a short time is the one we often have after we have carried out law reform; namely, why on earth did we not do it before? This field of law has so far been governed almost entirely by case law. There have been numerous doubts, and it needed codification. Now we have set out all the law in terms which I think any educated person can understand.
955 I would particularly thank the noble Lord, Lord Nugent of Guildford, for his helpful and friendly attitude on the Bill. Farmers certainly cannot say that every possible point which may have been worrying to them has not been both raised and discussed in this House. I personally have no doubt that farmers will not find this Bill a burden. I am rather less certain that the owners of dogs may not in future have to take more care when they take dogs alongside the highway and choose not to put them on a lead. I beg to move.

§ LORD NUGENT OF GUILDFORD
My Lords, may I thank the noble and learned Lord the Lord Chancellor for his kind reference to myself and the small part that I played in our debates on this Bill? May I join with him in expressing satisfaction at the processes of debate which have brought it to this conclusion of the Third Reading? Certainly I agree with the noble and learned Lord, and I believe all noble Lords do, that it represents a big improvement by the codification in Statute Law of what has been in the past, to a large extent, Common Law, and to a very great extent uncertain. As to the first part of the Bill, the noble and learned Lord has said there was little disagreement and that all we needed to do was to clarify one or two points. With regard to the second part, in so far as the liability for cattle straying on the highway is concerned, here there were more contentious issues, as I think we all expected there to be.
For my part, I should like to thank the noble and learned Lord the Lord Chancellor for his patience in dealing with the many points that I wished to put to him. The anxieties of farmers on this score are considerable, and we all recognise that the consequences of putting this part of the law into Statute form will be to increase the liability of farmers. In practice I expect, and indeed I hope, that they will meet it by more comprehensive insurance policies; and here I hope that the noble and learned Lord will suggest to his right honourable friend the Minister of Agriculture, Fisheries and Food that farmers should have their attention drawn to this change in the law so that they may extend their insurance policies as necessary to cover 956 the additional risks. On balance I quite agree that this will be an advantage. I felt a little doubt here and there whether we had got it exactly right, but I must admit that the noble and learned Lord had the best of the argument on most of our points of difference, and we have got the balance about right in this difficult field. Therefore I join with the noble and learned Lord in supporting the Motion that this Bill do now pass.

§ BARONESS SUMMERSKILL
My Lords, I should like to say a few words on this Bill. I want to express my regret that it was not found possible to accept the Amendment of the noble Lord, Lord Rowallan, which was concerned with brucellosis. I feel very strongly that we—and when I say "we" I mean the Government of today, and its predecessors—have not recognised the importance of brucellosis in this country so far as it is harmful not only to cattle but to man. It is an astonishing thing that small countries, such as the Scandinavian countries and Northern Ireland, have found it possible to eradicate brucellosis, but we are still leaving it to the voluntary effort of the country.
I had put down an Unstarred Question for Thursday night in order to ventilate this matter, because on previous occasions I have brought it up in the House and I have observed that many noble Lords who are farmers, as well as those who are in contact with the agricultural workers, felt strongly about it. The agricultural worker is, of course, a victim of this particular disease. On the last occasion we were given some promises, and I thought I would ventilate the matter again on Thursday night. Unfortunately, however—well, not unfortunately for those who are concerned—the staff are having their annual dinner on Thursday night, and as more business is to follow the Division on the Motion in regard to the Murder (Abolition of Death Penalty) Act, it would mean that if I raised the question of brucellosis then the staff might suffer because they would have to be in attendance.
I see my noble friend Lord Beswick is on the Front Bench at the moment and I understand that he is the authority on agriculture. I hope, if I may say so to him quite sweetly, that he will do a little homework during the Christmas Recess and come back to the House 957 refreshed with a full knowledge of brucellosis, and that he will be so stimulated to introduce this reform that he will come to me and say, "You may have an early day in order to ventilate this subject." I am quite sure that when my noble friend knows that obviously there is no alternative but to allow the staff to go to their dinner on Thursday night he will keep this in mind.

§ LORD RAGLAN
My Lords, as one who, among others, in the past has cricised the opaqueness and verbosity of much Parliamentary draftsmanship, I would add my own congratulations to my noble and learned friend for the clear and plain language in which this Bill is couched. My previous model for a well written Bill was Lord Jellicoe's Civic Amenities Act, but henceforward it will be my noble and learned friend's Animals Bill.

§ THE LORD CHANCELLOR
My Lords, any merit in the drafting of the Bill is entirely that of the Parliamentary draftsmen and not mine. We discussed the brucellosis question very fully both on the Committee stage and the Report stage of the Bill, and those in the other place will be able to read all that was said by Members of your Lordships' House on that question. I am sure that many Members of the House will look forward to the opportunity which my noble friend, Lady Summerskill, is going to give us by raising the matter early in the New Year.