- 1 (1) The Authority shall consist of—
- (a) a Chairman appointed by the Secretary of State;
- (b) one member nominated by each of the following organisations or group of organisations—
- (i) The Royal College of Veterinary Surgeons,
- (ii) The Joint Nature Conservation Committee,
- (iii) The Country Land and Business Association,
- (iv) The National Farmers' Union of England and Wales,
- (v) The Game Conservancy Trust and the British Deer Society jointly,
- (vi) The Council of Hunting Associations,
- (vii) The British Association for Shooting and Conservation,
- (viii) The National Gamekeepers' Organisation,
- (c) up to two further members appointed by the Authority,
§ 2(1) Each person shall be appointed for a term of three years, but shall be eligible for reappointment.
§ (2)Any vacancy shall be filled by a further appointment made in accordance with paragraph 1 above.
§ (3)The power of the Authority to act shall not be affected by any failure by any organisation named in paragraph 1(1)(b) above to nominate a member, or by any casual vacancy in its membership.
§ 3 (1) If at any time it appears to the Secretary of State that an organisation named in paragraph 1 (1)(b) above has ceased to exist or is no longer an appropriate organisation to nominate a member of the Authority, he may by regulation made in accordance with section 2A(5) of this Act remove that organisation from paragraph 1(1)(b) above and appoint some other organisation which appears to him to be best fitted to act in lieu of the organisation so removed."
§ On Question, amendment agreed to.
§ Clause 1, as amended, agreed to.
§ Clause 2 [Short title and commencement]:
§
Viscount Bledisloe moved Amendment No. 5:
Page 2, line 16, at end insert—
(1) This Act shall not apply to Scotland.
§ The noble Viscount said: The 1996 Act amended by the Bill applies to Scotland. It appears that, since then, animal welfare is now a matter for the Scottish Parliament, not for us. In the light of that guidance, the amendment was tabled to make it plain that the 1996 Act will remain the same for Scotland, which can amend it in any way it likes or leave it as it is.
§ I hope that this amendment is right. I am slightly surprised that the powers of government did not enlighten us on this point and that we bumped into it only lately. Unless I am told by the Minister that we have got it wrong and that we should be dealing with Scotland as well, I beg to move.
§ Lord WhittyI confirm that the noble Viscount's interpretation is correct and that the amendment should therefore be passed.
On Question, amendment agreed to.
§ Lord Astor of Hever moved Amendment No. 6:
§
Page 2, line 19, leave out "one month" and insert " 12 months
The noble Lord said: As the Bill stands, if it receives Royal Assent the Act will come into force one month after it is passed. The amendment seeks to delay enforcement of the Act until 12 months later. It is vital that sufficient time is given for the establishment of the authority. The process includes consideration of the appointment of chairman of the authority by the Secretary of State; the consideration and nomination of members of the authority by the list of organisations in Schedule 1; and the logistical and administrative aspects relating to the functioning of the authority, which could include decisions on premises, communications systems, meeting dates of the authority and so forth.
Once the authority is established, appropriate time will also be needed for it to consider all the existing bodies involved in customary and lawful activities to recognise the proper authority for each particular activity. It will also allow those bodies that do not already possess a code of conduct to produce one to cover their activities. A delay of one month before the 555 enactment could result in a period of disorganisation and confusion. There is always the possibility of vexatious prosecutions taking advantage of new legislation before the authority is fully established and competent.
§ A proper length of time following enactment can only benefit animal welfare and the clarity of the law. I hope that the noble Lord, Lord Donoughue, and the Committee will be sympathetic to the amendment. I beg to move.
§ Lord DonoughueThis is a practical and helpful suggestion and a great improvement. From my point of view, it is completely acceptable.
§ Lord Astor of HeverI am grateful for the kind words of the noble Lord, Lord Donoughue. I commend the amendment to the Committee.
On Question, amendment agreed to.
Clause 2, as amended, agreed to.
House resumed: Bill reported with amendments.