HL Deb 04 November 1997 vol 582 cc1325-7

3.27 p.m.

Report received.

Clause 48 [Regulations and orders]:

Lord Carter moved Amendment No. 1:

Page 20, line 9, at end insert—

("() Before making any regulations or order under this Act, the Ministers shall consult such organisations as appear to them to be representative of persons likely to be substantially affected by the regulations or order.").

The noble Lord said: My Lords, Amendment No. 1 requires Ministers to consult organisations that represent persons who are likely to be substantially affected before making regulations or orders. The Plant Varieties Registration Office (PVRO) always consults widely on all proposals for secondary legislation before submitting them to Ministers. This amendment will therefore not affect existing practice in any way. The Government have no difficulty in making this practice a legal requirement.

At Committee stage the noble Baroness, Lady Anelay of St. Johns, tabled an amendment which would have required consultation with bodies representing plant breeders, farmers and growers. Although we welcomed the amendment in principle, I pointed out that the amendment was not sufficiently wide to encompass all interests. I therefore undertook to table a government amendment at Report stage. This amendment discharges that obligation. It requires Ministers to consult organisations representing those who are likely to be substantially affected before making orders and regulations under the Bill. I beg to move.

Baroness Anelay of St. Johns

My Lords, I thank the Minister for the amendment. It meets the objective that I hoped to achieve in the amendment I tabled at Committee stage. His wording is perhaps more felicitous than mine. I had not intended to exclude from consultation any relevant party. We support the amendment.

On Question, amendment agreed to.

Clause 51 [Consequential amendments]:

Lord Carter moved Amendment No. 2: Page 20, line 32, at end insert—

("() In section 2(4) of the Trade Descriptions Act 1968, after paragraph (g) there shall be inserted— (h) the Plant Varieties Act 1997;".").

The noble Lord said: My Lords, in moving Amendment No. 2 I should like to speak also to Amendment No. 3. These two amendments correct some drafting omissions. Section 2(4) of the Trade Descriptions Act 1968 provides that any description or mark applied in pursuance of Acts of Parliament listed in it is deemed not to be a trade description. The Plant Varieties and Seeds Act 1964 is listed. The first amendment adds the Plant Varieties Act 1997 to that list so that the variety names continue to be deemed not to be trade descriptions.

Amendment No. 3 repeals redundant wording in the Resale Prices Act 1976. Currently, that Act refers to protective directions under the 1964 Act. The Bill does not provide for protective directions, and this wording will therefore become redundant once the Bill comes into force. The amendments have no practical effect other than to keep the statute book tidy, which I am sure your Lordships will agree is a thoroughly worthy objective. I beg to move.

Lord Skelmersdale

My Lords, I am sure that it is an admirable objective to keep the statute book tidy. However, how are we to know that the Bill will become an Act in 1997 rather than in 1998?

Lord Carter

My Lords, I do not have the Bill in front of me; therefore I am not sure of its commencement date. The Bill enters the statute book and becomes law next week when we have the Motion that the Bill do now pass.

On Question, amendment agreed to.

Schedule 4 [Repeals]:

Lord Carter moved Amendment No. 3: Page 29, line 12, at end insert—

("1976 c. 53. The Resale Prices Act 1976 In section 10(4)(b), the words from "or" to the end.")

On Question, amendment agreed to.