§ 7.25 p.m.
§ Baroness Ramsay of Cartvalerose to move, That the draft order laid before the House on 24th November be approved [2nd Report from the Joint Committee].
The noble Baroness said: My Lords, the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No.2) Order 1999 provides for the transfer of two regulation-making powers from a Minister of the Crown to Scottish Executive Ministers. Earlier this year both Houses approved a Private Member's Bill tabled first in another place by the honourable Member James Clappison and then, in this House, by the noble Lord, Lord Soulsby of Swaffham Prior, with able support from the noble Baroness, Lady Wharton, and other noble Lords from all Benches. Understandably, none of them is in his place tonight. However, I believe that it is appropriate to congratulate all of them on a very worthwhile and worthy piece of legislation.
The Breeding and Sale of Dogs (Welfare) Act 1999, which primarily aims to improve the welfare of dogs at licensed breeding establishments, received Royal Assent on 30th June and will come into effect on 30th December 1999. This is a valuable animal welfare measure which received all-party support in its passage through both Houses. It may be helpful if I briefly remind noble Lords of its main provisions. The Act introduces additional requirements for the licensing and inspection of dog-breeding and rearing businesses. It makes it a condition of the licence that bitches are not mated if they are less than one year old, that they do not give birth to more than six litters of pups each and that pups are not born before the end of a period of 12 months from when the bitch last gave birth.
The Act also requires the licence holder to keep accurate breeding records in a form prescribed by regulations which must be made available on inspection. It provides for more severe penalties for breaches of the legislation. It restricts the places where puppies can be sold to licensed premises or pet shops, and it requires dogs sold by licensed breeding establishments to licensed rearing establishments or pet shops to wear identification tags or badges containing information, in addition to where they were born, as is specified in regulations.
Two of the provisions that I have mentioned involve conferring regulation-making powers on the Secretary of State to be exercised by statutory instrument. These relate to the breeding records which must be kept and made available for inspection by the licensed breeder and the information, in addition to the place where the dog was born, that must be shown on the identification tag or badge of certain dogs sold by such establishments.
These regulations are currently subject to negative resolution procedure in the UK Parliament. However, in terms of the Scotland Act 1998 matters relating to 1455 dogs and their welfare fall within the devolved competence of the Scottish Parliament. It should, therefore, be for the Scottish Executive Ministers to make the regulations relating to Scotland, subject to the scrutiny of the Scottish Parliament. Such powers contained in enactments made before the Scotland Act have already been passed to the Scottish Executive Ministers by the transfer arrangements contained in that Act. However, the Breeding and Sale of Dogs (Welfare) Act was enacted after the Scotland Act but did not provide Scottish Executive Ministers with the necessary powers.
Subject to approval, the draft Order in Council will address that anomaly by transferring the regulation-making powers to the Scottish Executive Ministers. The draft order does not transfer any additional legislative powers to the Scottish Parliament; it merely transfers regulatory powers to Scottish Executive Ministers for a subject that Parliament has already agreed should fall within the competence of Scottish Executive Ministers and the Scottish Parliament. On that basis, I hope that noble Lords will feel able to support the order.
Moved, That the draft order laid before the House on 24th November be approved [2nd Report from the Joint Committee].—(Baroness Ramsay of Cartvale.)
§ The Earl of CourtownMy Lords, I thank the Minister for her clear explanation of the order. I congratulate also my noble friend Lord Soulsby of Swaffham Prior—unfortunately he is not in his place—and my honourable friend in another place on steering the measure through both Houses of Parliament. We support the order.
§ On Question, Motion agreed to.