HL Deb 18 April 1996 vol 571 cc793-4

3.39 p.m.

The Earl of Courtown rose to move, That the draft order laid before the House on 19th February be approved [13th Report from the Delegated Powers Scrutiny Committee].

The noble Earl said: My Lords, the present prohibition on the possession and sale of salmon roe was established in legislation over 100 years ago. Like much of the salmon legislation of the day, it was forward looking and was designed as a conservation measure to protect wild salmon stocks. Thus under the terms of Section 18 of the Salmon Fisheries (Scotland) Act 1868 it is a criminal offence in Scotland to buy, sell, expose for sale or have in one's possession salmon roe whatever the source of that roe.

What our predecessors, far-sighted as they were, did not foresee was the development of the farmed salmon industry. That industry now has a first sale value of between £200 million and £250 million per annum. It is a major employer in the remoter areas of the country, is a large exporter and produces a product of high quality. Unfortunately, the all-embracing ban on the possession of salmon roe for sale is preventing the salmon farming industry developing a quite lucrative market for roe, estimated at £12 million per annum initially.

This deregulation measure will allow the farmed salmon sector to sell surplus roe and to compete in the world market with supplies from Norway, for example. What the measure will not do, the Government are confident, is to undermine the protection of the wild salmon. It will be an offence to possess wild roe for sale. The proposed amendment in the deregulation order has been drafted carefully to ensure that that is the case. With these assurances that wild salmon roe will continue to be protected, may I recommend to the House that this deregulation order should be adopted to allow roe of farmed origin to be sold. I beg to move.

Moved, That the draft order laid before the House on 19th February be approved [13th Report from the Delegated Powers Scrutiny Committee.]—(The Earl of Courtown.)

Lady Saltoun of Abernethy

My Lords, in respect of this order I feel rather like a midwife who has assisted at the birth of a baby. About 18 months ago I discovered that salmon farms in Scotland were prohibited from selling their roe under Section 18 of the 1868 Salmon Fisheries (Scotland) Act. As a result, as the noble Earl has just said, they were losing a lucrative export market, mainly in the Far East. As a result of this discovery a nice short Private Member's Bill was drafted and I was all set to introduce it in this House when I was told that the Lord President of the Council had said that no time could be found for it in another place and that the same result could be achieved more simply by an order under the deregulation Act. Of course I accepted that.

I believe that the safeguards against the sale of wild salmon roe are adequate. I am persuaded that placing the onus of proof of provenance on the possessor will prove satisfactory.

I am glad that the baby, small as it is, has at last been born. I look forward to being able to buy home grown salmon roe—which makes delicious pâté—in Scotland instead of having to buy imported salmon roe in London and drag it home. I strongly recommend it to any of your Lordships who have not yet tasted it.

Lord Monkswell

My Lords, I have one simple question for the Minister. How will anyone determine the difference between wild salmon roe and farmed salmon roe?

The Earl of Courtown

My Lords, first I shall deal with the good question put by the noble Lord, Lord Monkswell. Basically the burden of proof will be on the person who is holding the salmon roe to show the origin of the salmon roe. As one can probably imagine, it is somewhat difficult to show the difference between salmon roe from farmed salmon and salmon roe from wild salmon. However, we shall of course monitor the situation to see how the order affects the industry. I thank the noble Lady, Lady Saltoun, for her contribution. I hope that she enjoys purchasing salmon roe in Scotland, and enjoys it at home. I commend the order to the House.

On Question, Motion agreed to.