§ 3 Schedule 1, page 4, leave out line 39 and insert "in the definition of "plant variety" for the word "means" there shall be substituted the word "includes" ".
Earl FerrersMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 3. Amendment No. 4 is consequential upon Amendment No. 3, and it might be to the convenience of your Lordships if I were to speak to both amendments at the same time.
During the Committee stage of this Bill in this House on 14th December, the noble Lord, Lord Beaumont of Whitley, expressed concern at the proposal to delete the definition of the term "plant variety" from the Plant Varieties and Seeds Act 1964, and asked whether we could, in his words, "re-think the possibility of producing some definition of plant variety". Similar anxiety was also expressed during consideration of the Bill in another place. In view of these representations, the Government have reconsidered the matter and tabled this amendment in another place, where it was agreed.
The present definition of plant variety was not considered sufficiently comprehensive to embrace all the botanical species which could be covered by the term. As it had not been possible to devise an all-embracing alternative, it was decided to omit what was an inadequate definition. The amendment before your Lordships would restore a definition, but it would make the definition indicative rather than exclusive. This should provide sufficient flexibility against the likelihood of future developments in plant breeding. It will also, I hope, meet the reasonable concerns of those who saw the need for a definition in the Act. I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendment.—(Earl Ferrers.)
§ Lord Beaumont of WhitleyMy Lords, I should just like to thank the noble Earl the Minister and the Government for meeting this point. I believe that it is a worthwhile one and I am delighted that the Government are able to do this.
§ On Question, Motion agreed to.