HL Deb 25 April 1983 vol 441 cc726-7

2 Schedule 1, page 4, line 30, leave out from beginning to "there" in line 31 and insert— (1) In subsection (1) of section 15 of the 1964 Act (interpretation of Part I), in paragraph (d) for the words "ornamental plants and parts of ornamental plants when" there shall be substituted the words "plants or parts of plants of any ornamental variety when plants or parts of plants of that variety are". (2) After that subsection".

Earl Ferrers

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 2. During our consideration of the Bill in Committee, the noble Lord, Lord Walston, tabled an amendment which was intended to clarify the application of the term "reproductive material" in Section 15 of the 1964 Act. He was particularly concerned that the term should not be applicable to such things as fruit which is sold for eating. He was good enough to withdraw his amendment on my assurance that we would re-examine the point which he had raised. I gave the gist of the legal advice which we received on this when the Bill later returned to the House at Report stage.

Since then we have examined the wording of this section again in the light of further legal advice. It has become evident from this that, while the present wording does carry the meaning which I described, and which it was intended to do, it is not entirely free from obscurity. This amendment is designed to make it clearer. I beg to move.

Moved, That this House doth agree with the Commons in the said amendment.—(Earl Ferrers.)

On Question, Motion agreed to.