COMMONS AMENDMENTS (Hansard, 30 October 1986)

§ Lord Glenarthur

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 21 and 22 en bloc. As your Lordships will know, some misgivings have been expressed about the possible extent of the powers of search and entry which may be given to water bailiffs under the dealer licensing scheme. It was made absolutely clear that they would not be given any such powers in respect of domestic premises, with or without a search warrant. We were conscious, however, of the continuing concern on this point and thought that it would be desirable to carry the undertaking into the Bill. Amendment No. 21 does that.

With regard to Amendment No. 22, the doubts on this clause expressed in another place centred upon possible loopholes which might arise from excluding on the face of the Bill dealing in live salmon and processed or preserved salmon. After further consideration, it was decided to remove subsection (2) so that nothing is pre-empted. We will specify in the order introducing the dealer licensing scheme what class or classes of salmon or dealing in salmon are to be excluded from the scheme. I remind your Lordships that the order will be subject to the affirmative resolution procedure under the Civic Government (Scotland) Act, so that there will be an opportunity for further discussion, for example, on definitions of processing and preserving when we bring the order forward.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Glenarthur.)

§ Lord Carmichael of Kelvingrove

My Lords, I had not really intended to speak to this amendment. I rise merely to put the Minister's mind at rest. There is nothing secret waiting towards the end of the Bill to change the points that have been made on Amendment No. 21. When I suggested "at a later date" I meant a much later date when we have the 873 power perhaps to make alterations by way of an amending Bill.

We are pleased that the Government have gone as far as they have. A point of great disturbance to many of us was the immense powers that appear to have been given to bailiffs. One or two examples were given of powers being used more aggressively than they should have been. We welcome this. When I suggested that there might be slight changes at a later date, there still is, if I remember—I am sorry it was not brought out in another place as well as it should have been—the power of the bailiffs to search cars on the highway and certain motorcars off the highway. They could demand that car boots be opened; and I believe they could even force entry.

So far as the Bill goes, I think that it is on the right lines and, on behalf of my noble friend Lord Ross of Marnock (who would have agreed with this had he been here), I gladly accept the Minister's reassurances and wish godspeed to the Bill.