HL Deb 18 January 1988 vol 492 cc60-3

7.1 p.m.

Read a third time.

Clause 2 [Grants in respect of farm woodland]:

The Parliamentary Under-Secretary of State, Ministry of Agriculture, Fisheries and Food (Baroness Trumpington) moved Amendment No. 1: Page 3, line 44, at end insert— ("( ) Where the Secretary of State and the Minister of Agriculture, Fisheries and Food jointly carry out a review of the rates at which grants are payable under any schemes for the time being in force under this section, the Secretary of State and that Minister may lay a report before Parliament stating—

  1. (a) whether, as a result of the review, they propose that any modifications of those rates should be made; and
  2. (b) the modifications, if any, that are proposed;
and it shall he the duty of the Secretary of State and that Minister to ensure that such a review is carried out, and a report under this subsection is laid before Parliament, no later that 30th September 1991 and that no more than five years elapse after the laying of a report under this subsection before another such review is carried out and another such report is so laid.").

The noble Baroness said: My Lords, you will recall that at Report stage I undertook to bring back an appropriate government amendment in the place of the one moved by my noble friend Lord Radnor. I am now fulfilling that pledge. I am glad to say that I have had the opportunity to discuss the drafting of this amendment with my noble friend. There is a spelling error in the fourth line from the bottom. Where the amendment reads "no later that", it should be "no later than".

Perhaps I may say a word of warning to any of your Lordships who like myself, are not legal eagles. Do not he misled by the words "may lay a report before Parliament" in the fourth line of the amendment. It is better to read the second half of the amendment first. This makes it clear that Ministers must carry out reviews of the rates of aid offered for farm woodlands by 1991 and at intervals of no more than five years thereafter and report the results in a formal report to Parliament. That is the minimum legal obligation on Ministers. However, the first half of the amendment gives them discretion to carry out reviews earlier if they should wish to do so. In that event, provided a proper report is made to Parliament, a further review need not then be carried out for up to five years afterwards. I imagine that this scope for earlier review will be welcomed.

We have also introduced a reference to the specific date of 30th September 1991 as the latest date for the first such report to be laid. That is because we plan to introduce the farm woodland scheme this autumn and a review by September 1991 would meet the commitment we have already given to review the scheme after three years. I beg to move.

The Earl of Radnor

My Lords, for obvious reasons I should like strongly to support the amendment and at the same time to thank my noble friend very much indeed for holding consultations with me. For a moment I was a little worried by the word "may" but became totally convinced that this was not a permissive clause but would oblige the Minister to review these grants at those intervals of three and five years thereafter.

In your Lordships' House one does not always score a complete success. It is perhaps sad that the whole matter could not have been automatic; I felt that it might have saved a little trouble if it had been indexed. However, I think this is a fair and good degree of accountability that should be, and now will be, in the Bill. I hope that as a result more people will he encouraged to join the scheme with confidence who previously might have backed away from it, on seeing the erosion that has affected forestry grants at times simply because they are overtaken by inflation. The lifespan of a tree is a very long period indeed.

At the end of the very longest Bills, just when one thinks everything is over, I have noticed that occasionally everyone rises and again makes a long speech. I shall not do that, but perhaps I may say that my noble friend beautifully combined her great ability with her sense of humour when she began her speech—and perhaps I may say "ho, ho, ho!". I do not think that has often come up in Parliament before and been repeated in Hansard. But I hope that noble Lords will support this amendment as I do. I hope that the scheme will be a success.

Lord Carter

My Lords, I have listened with great interest to the explanation of the noble Baroness. She has now made clear, as I thought, that the draftsmen would have found it easier if they had used "shall" in the first phrase instead of "may". I understand that the Government are saying that if they are so minded they could review the grants every year. Is that correct?

Baroness Trumpington

My Lords, I did say that I was not a legal eagle. Neither— thank God!—am I a parliamentary draftsman, but I also had the same reaction as the noble Lord. What he has said is perfectly true. If the two Ministers involved should feel it necessary, they could do so.

Lord Carter

My Lords, I am tempted to say, "Chance would be a fine thing!" However, I accept that that is the meaning of the amendment, and we support it.

On Question, amendment agreed to.

An amendment (privilege) made.

Baroness Trumpington

My Lords, I beg to move that this Bill do now pass.

Moved, That the Bill do now pass.—(Baroness Trumpington.)

Lord John-Mackie

My Lords, before we let the Bill slide off to another place, I think that we should congratulate the noble Baroness. I think that this is the first Bill she has put to the House in her new post. She has done it with good humour, considerable skill, and perhaps some mistakes—small ones—but we naturally support this Bill, which we consider should do a good job.

I should like the noble Baroness to clarify one point if she is minded to speak again. It is on the diversification statutory instrument that we passed before Christmas and which came into effect on 1st January 1988. If under the provisions of the Bill somebody wishes to put forward a feasibility study based on the diversification scheme, does that mean that he can do nothing until, as the noble Baroness said, the Bill comes into operation at some point in the future? That would make matters very difficult for somebody who wants to put forward a feasibility scheme for something under the farm diversification grant scheme. Does that not make it impossible for him before the Bill becomes law? I wonder whether the Minister has given that any thought? I do not think that can be done because, as far as I can see, one cannot have a grant unless the feasibility scheme is passed. That is how I read it.

I hope that the noble Baroness can reply. In the meantime we give the Bill our blessing and hope it does not daily too long in another place.

Baroness Trumpington

My Lords, with the leave of the House, I am sorry that the noble Lord, Lord John-Mackie, gave me faint praise while at the same time damning me. The two schemes to which he refers are separate from the clause that we have been talking about. Diversification is one matter. The woodland clause is specific.

I may yet be proved wrong and the noble Lord may be proved right, but as regards the grant, let me put the position more elegantly. The noble Lord will be able to receive a capital grant now, but he will have to wait for the feasibility grant. One can get capital grants without feasibility studies. I hope that clarifies the situation for the noble Lord. If it does not, that is just too bad.

While I am on my feet, I should like to thank all noble Lords who have taken part at different stages of the Bill, including my noble friend Lord Borthwick who made his maiden speech at Second Reading. I also thank my noble friend Lord Hesketh for his invaluable assistance at all times. The interest and erudition shown by the House, not least in the last gasps of the Bill, have as so often made it a pleasure to consider the Bill with your Lordships. 1 look forward to being able to introduce subordinate legislation later this Session and to the future discussions I am sure we shall have. It is a small Bill but it has a wide and beneficial future.

On Question, Bill passed and sent to the Commons.