§ VISCOUNT MASSEREENE AND FERRARDMy Lords, I beg leave to ask the first Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether they intend to repeal Section 18(1) of the Agriculture (Miscellaneous Provisions) Act 1968 in order to abolish the hereditary element in Scottish tenanted farms.]
§ THE MINISTER OF STATE, SCOTTISH OFFICE (BARONESS TWEEDSMUIR OF BELHELVIE)My Lords, we have no proposals at present to repeal that section of the Agriculture (Miscellaneous Provisions) Act 1968 which provides that a successor to an agricultural holding who is a near relative of the deceased former tenant may not be given a notice to quit the holding except in certain circumstances.
§ VISCOUNT MASSEREENE AND FERRARDMy Lords, while thanking the Minister for that reply, may I ask her whether she would not agree that the existing legislation enacted by the last Labour Government, making Scottish agricultural tenancies to all intents and purposes a "closed shop", was both unwise and undemocratic, since such legislation—
§ SEVERAL NOBLE LORDS: Oh!
§ VISCOUNT MASSEREENE AND FERRARDMy Lords, may I further ask my noble friend whether she does not agree that such legislation has made it very difficult for newcomers to enter the industry?
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, it does cause 986 certain difficulties, and it is for these reasons that we are now undertaking discussions with the National Farmers' Union and the Scottish Landowners' Federation, to see how we could amend the Agricultural Holdings Act and also the particular Act to which this Question refers. But it will take a considerable time because many complex matters are involved.
§ THE EARL OF DUNDEEMy Lords, may I ask my noble friend whether she is aware that after I had carried an Amendment, on the Committee stage of what is now the 1968 Act, doing exactly what my noble friend Lord Massereene and Ferrard is asking for now, I then withdrew it on Report because I had become convinced that its object, which was to encourage owners to relet vacant farms to people who needed them, would not anyhow be achieved once confidence in the continuity of the law had been destroyed? Moreover, is my noble friend aware that any improvement in the situation now could be brought about only through consultations between the Department of Agriculture, the National Farmers' Union and the Landowners' Federation?
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, this is exactly what we are doing at this moment. The complexity of the subject is great, and we want to try to obtain any amendment by agreement. This is important for the reasons which the noble Earl has expressed.
§ LORD BLYTONMy Lords, is the noble Baroness aware that, while I object to the hereditary principle here, I agree to the basis of the hereditary principle embodied in this Question; that I would sooner see the sons of farmers who have ploughed the lands for years follow their fathers, rather than brewers enjoying these farms in their retirement?
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, of course it is perfectly possible, as I am sure the noble Lord appreciates, for a son or, I am glad to say, a daughter, or a husband or a wife, to succeed. On the other hand, there are some difficulties on the landlord's side. This is why the particular Act referred to in the Question provides certain exceptions. For instance, one can claim that a tenant is not able 987 by experience or training to farm a holding, and if that is established the landlord can regain possession.
§ LORD HOYMy Lords, is the noble Baroness aware that this part of the 1968 Act was inserted because of the appalling difficulties that existed for tenant farmers? Secondly, the noble Baroness said that she may enter into consultations with certain people, but she mentioned only the National Farmers' Union and the Landowners' Federation. If she is going to have consultations, is it not her intention to have discussions also with those who represent the agricultural workers?
§ BARONESS TWEEDSMUIR OF BELHELVIEYes; certainly, my Lords. A great many other people have to be consulted, and that is why the matter will take some time.