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Dr. Strang: To ask the Minister of Agriculture, Fisheries and Food what was the nature of the irregularities in the UK beef intervention system which are to result in the European Commission imposing a fine on the United Kingdom Government; and if he will make a statement. [31941]
Mr. Waldegrave [holding answer 4 July 1995]: The Commission's special inquiry into the arrangements applying to the intervention of beef in several member states highlighted a number of control weaknesses. Before and during the time of the inquiry, the UK authorities uncovered irregularities concerning substitution and theft of beef destined for public storage, which were reported to the Commission. Improved procedures are now in place and action for the recovery of the relevant costs for these irregularities was taken. The level of financial correction proposed by the European Commission has not yet been finalised.
Dr. Strang: To ask the Minister for Agriculture, Fisheries and Food (1) what is his estimate of the amount of substandard beef held in intervention stocks in the United Kingdom in each of the last six years (a) in tonnes and (b) as a percentage of United Kingdom intervention stocks; [32354]
(2) how much beef currently in intervention in the United Kingdom is considered to be substandard (a) in tonnes and (b) as a percentage of United Kingdom intervention stocks. [32355]
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Mr. Waldegrave: The Intervention Board became aware in 1991 of the presence in store of beef which was not of intervention standard. Subsequent investigations, which included a box by box examination of boned beef, have revealed a total of 404 tonnes which did not meet the intervention standards. The beef in question was taken into store in the period June 1990 to November 1993, the last month in which there was intervention buying of beef in the UK. Over that period total intake of beef was 261,000 tonnes, the ineligible quantity representing 0.15 per cent. of that figure. Current stocks total 9, 354 tonnes of which about 2,000 tonnes are still being examined and may include further ineligible quantities. The full value of the ineligible beef has either been recovered or will be sought from the companies responsible for boning and packaging it for intake to the intervention stores.
Mr. Morley: To ask the Minister of Agriculture, Fisheries and Food how many cases of contagious equine metritis occurred in each year since 1985. [32298]
Mrs. Browning: Two cases of contagious equine metritis were reported in England--both in 1986.
Mr. Morley: To ask the Minister of Agriculture, Fisheries and Food if he will show, by type, the number of cases of fowl pest in each year since 1985. [32294]
Mrs. Browning: Fowl pests includes both Newcastle disease and avian influenza. One case of avian influenza was reported in England in 1992; the last reported case of Newcastle disease was in 1984.
Mr. Morley: To ask the Minister of Agriculture, Fisheries and Food how many cases of peste des petits ruminants occurred in each year since 1985. [32296]
Mrs. Browning: No case of peste des petits ruminants has ever been reported in England.
Mr. Morley: To ask the Minister of Agriculture, Fisheries and Food how many cases of bovine spongiform encephalopathy occurred in each year since 1985. [32371]
Mrs. Browning: Bovine spongiform encephalopathy was first identified in November 1986. Information on the incidence of the disease prior to this date is not recorded.
The following is a table of the number of confirmed cases of BSE in England up to 30 June 1995. The cases prior to 21 June 1988 are recorded by date of clinical onset of disease and the cases thereafter are recorded by date of restriction:
Year |Number --------------------- 1986 |7 1987 |402 1988 |2,256 1989 |6,422 1990 |12,612 1991 |21,990 1992 |31,115 1993 |28,536 1994 |20,300 1995 |5,005
Mr. Martyn Jones: To ask the Minister of Agriculture, Fisheries and Food what plans he has to test imported cattle for bovine immunedeficiency virus. [32246]
Mrs. Browning: None, since such testing is not required under EC rules. Furthermore, no routine reliable serological test is currently available for BIV.
Mr. Morley: To ask the Minister of Agriculture, Fisheries and Food how many cases of African horse sickness occurred in each year since 1985. [32299]
Mrs. Browning: African horse sickness has never been reported in England.
Mr. Morley: To ask the Minister of Agriculture, Fisheries and Food how many cases of rabies occurred in each year since 1967. [32295]
Mrs. Browning: Since 1967 there have been cases of rabies in the following years only:
1968: 1 (in quarantine)
1969: 4 (3 in quarantine)
1970: 1
1983: 1 (in quarantine)
1990: 1 (in quarantine)
Mr. Morley: To ask the Minister of Agriculture, Fisheries and Food, how many cases of epizootic haemorrhagic virus disease occurred in each year since 1985. [32297]
Mrs. Browning: No case of epizootic haemorrhagic virus disease has ever been reported in England.
Mr. Martyn Jones: To ask the Minister of Agriculture, Fisheries and Food what proposals his Minister has made at the seminar on industrial markets for United Kingdom oilseeds on 13 June in respect of the rates of excise for biodiesel; and if he will make a statement. [32159]
Mr. Jack: At the seminar on industrial uses for UK oilseeds on 13 June, in response to a question about the possibility of relief from excise duties for biodiesel, my right hon. Friend said that pump-priming support, such as duty relief, was not ruled out, although much would depend upon work going on to establish the environmental benefits of biodiesel.
Mr. Martyn Jones: To ask the Minister of Agriculture, Fisheries and Food what was the number of statutory instruments dealing with food hygiene in (a) manufactures' packers and processors, (b) retailers and (c) cooked food retailers during 1994 and for 1990 to the present. [32163]
Mr. Jack: For England and Wales, the number of statutory instruments dealing with food hygiene manufacturers' packers and processors during any part of 1994 was 28, and for retailers and cooked food retailers 14.
The number of statutory instruments dealing with food hygiene in manufacturers' packers and processors during any part of 1990 to the present was 38, and for retails and cooked food retailers 15.
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Information on the statutory instruments is given in the following tables:Table 1: Statutory Instruments dealing with Food Hygiene in Manufacturers' Packers and Processors Regulation |SI Number |Revoked (date |given) or current ------------------------------------------------------------------------------------------------------------------------------------------ A-Laid during 1994 Poultry Meat The poultry meat, farmed game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994 |1994/1029 |1 April 1995 Meat Products The Meat Products (Hygiene) Regulations 1994 |1994/3082 |Current Fishery Products and Live Bivalve Molluscs The Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Ammendments) Regulations 1994 |1994/2782 |Current The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994 |1994/2783 |Current |1977/1805 |1 January 1993 B-In force during 1990 to the present Fresh Meat The Slaughterhouses (Hygiene) Regulations 1977 |1977/1805 |1 January 1993 The Slaughterhouses (Hygiene) (Amendment) Regulations 1987 |1987/2235 |1 January 1993 The Meat Inspection Regulations 1987 |1987/2236 |1 January 1993 The Fresh Meat Export (Hygiene and Inspection) Regulations 1987 |1987/2237 |1 January 1993 The Fresh Meat Export (Hygiene and Inspection) (Amendment) Regulation 1990 |1990/2493 |1 January 1993 The Meat Inspection (Amendment) Regulations 1990 |1990/2495 |1 January 1993 The Slaughterhouses (Hygiene and Meat Inspection) (Amendment) Regulations 1991 |1991/984 |1 January 1993 The Fresh Meat (Hygiene and Inspection) Regulations 1992 |1992/2037 |1 April 1995 The Fresh Meat (Hygiene and Inspection ) Regulations 1995 |1995/539 |Current Poultry Meat The Poultry Meat (Hygiene) Regulations 1976 |1976/1221 |1 May 1994 The Poultry Meat (Hygiene) (Amendment) Regulations 1979 |1979/693 |1 May 1994 The Poultry Meat (Hygiene) (Amendment) Regulations 1981 |1981/1168 |1 May 1994 The Poultry Meat (Hygiene) (Amendment) Regulations 1992 |1992/2036 |1 May 1994 The Poultry Meat (Hygiene) (Amendment) Regulations 1993 |1993/209 |1 May 1994 The Poultry Meat Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection 1995 |1995/540 |Current Fishery Products and Live Bivalve Molluscs The Imported Food (Peruvian Feedingstuffs) Regulations 1991<1> |1991/370 |Current The Imported Food and Feedingstuffs (Safeguards Against Cholera) Regulations 1991<1> |1991/2486 |Current The Imported Food and Feedingstuffs (Safeguards Against Cholera) (Amendment) Regulations 1991<1> |1991/2934 |Current The Imported Food (Safeguards Against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992 |1992/1122 |Current The Food Safety (Fishery Products) (Derogations) Regulations 1992 |1992/1507 |Current The Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992 |1992/1508 |Current The Imported Food (Bivalve Molluscs and Marine Gastropods from Japan) Regulations 1992 |1992/1601 |Current The Imported Food and Feedingstuffs (Safeguards Against Cholera) (Amendment) Regulations 1992<1> |1992/2364 |Current The Food Safety (Fishery Products) Regulations 1992 |1992/3163 |Current The Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992 |1992/3164 |Current The Food Safety (Fishery Products on Fishing Vessels) Regulations 1992 |1992/3165 |Current Milk and Milk Products The Milk and Dairies (General) Regulations 1959 |1959/277 |Current The Milk and Dairies (General) (Amendment) Regulations 1977 |1959/277 |9 May 1995 Milk and Dairies (General) (Amendment) Regulations 1977 |1977/171 |9 May 1995 Milk and Dairies (General) (Amendment) Regulations 1979 |1979/1567 |9 May 1995 The Milk-Based Drinks (Hygiene and Heat Treatment) Regulations 1983 |1983/1508 |9 May 1995 The Milk and Dairies (Heat Treatment of Cream) Regulations 1983 |1983/1509 |9 May 1995 Milk-based Drinks (Hygiene and Heat Treatment) (Amendment) Regulations 1986 |1986/720 |9 May 1995 Milk and Dairies (Heat Treatment of Cream) (Amendment) Regulations 1986 |1986/721 |9 May 1995 The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat treatment and Labelling) Regulations 1988 |1988/2206 |9 May 1995 The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat treatment and Labelling) (Amendment) Regulations 1989 |1989/2382 |9 May 1995 The Milk (Special Designation) Regulations 1989 |1989/2383 |9 May 1995 The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat treatment and Labelling) (Amendment) Regulations 1990 |1990/2491 |9 May 1995 The Milk (Special Designation) (Amendment) Regulations 1990 |1990/2492 |9 May 1995 The Milk (Special Designation) Regulations (Amendment) Order 1992 |1992/1208 |9 May 1995 The Dairy Products (Hygiene) Regulations 1995 |1995/1086 |Current Egg Products The Liquid Egg (Pasteurisation) Regulations 1963 |1963/1503 |14 October 1993 The Egg Products Regulations 1993 |1993/1520 |Current <1> Also controls imports of other products.
Table 2: Statutory Instruments dealing with food hygiene in retailers and cooked food retailers |Revoked (date |given) or Regulation |SI Number |current ----------------------------------------------------------------------------------------------------------------------------------- A-Laid during 1994 |n/a |n/a B-In force during 1990 to the present Milk and Milk Products The Milk and Dairies (General) Regulations 1959<1> |1959/277 |Current Milk and Dairies (General) (Amendment) Regulations 1977<1> |1977/171 |9 May 1995 Milk and Dairies (General) (Amendment) Regulations 1979<1> |1979/1567 |9 May 1995 The Milk and Dairies (Heat Treatment of Cream) Regulations 1983<1> |1983/1509 |Current Milk and Dairies (Heat Treatment of Cream) (Amendment) Regulations 1986<1> |1986/721 |9 May 1995 The Milk (Special Designation) Regulations 1989<1> |1989/2383 |Current The Milk (Special Designation) (Amendment) Regulations 1990<1> |1990/2492 |9 May 1995 The Milk (Special Designation) Regulations (Amendment) Order 1992<1> |1992/1208 |9 May 1995 The Dairy Products (Hygiene) Regulations 1995<1> |1995/1086 |Current Eggs The Ungraded Eggs (Hygiene) Regulations 1990 |1990/1323 |Current General Food Hygiene The Food Hygiene (Docks, Carriers, etc.) Regulations 1960<2> |1960/1602 |Current The Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966<2> |1966/791 |Current The Food Hygiene (Markets, Stalls and Delivery Vehicles) (Amendment) Regulations 1966<2> |1966/1487 |Current The Food Hygiene (General) Regulations 1970<2> |1970/1172 |Current The Food Hygiene (Ships) Regulations 1982<2> |1982/1727 |Current The Food Hygiene (Revision of Penalties) Regulations 1982<2> |1982/1727 |Current The Food Hygiene (Amendment) Regulations 1990<2> |1990/1431 |Current The Food Hygiene (Amendment) Regulations 1991<2> |1991/1343 |Current The Food Premises (Registration) Regulations 1991<2> |1991/2825 |Current The Food Safety (Amendment) (Metrication) Regulations 1992<2> |1992/2597 |Current <1> Insofar as these apply to producer/retailers and distributors (eg milk roundsmen). <2> These regulations are due for revocation under the Food Safety (General Food Hygiene) Regulations 1995 and the Food Temperature Control Regulations 1995, when these are laid before Parliament later this Session.
Dr. Gavin Strang: To ask the Minister of Agriculture, Fisheries and Food (1) how many cases of CAP fraud in the United Kingdom have been confirmed in each of the last six years (a) for each agricultural commodity and (b) in total; [32386]
(2) how many cases of intervention fraud in the United Kingdom have been confirmed in each of the last six years (a) for each agricultural commodity and (b) in total. [32385]
Mr. Waldegrave: Fraud is difficult to define, being a matter of criminal intention. However the UK, along with all other member states, is required to report cases of irregularity in CAP schemes, exceeding 4,000 ECUs, to the Commission. An irregularity is an overclaim on the part of the claimant, either deliberately or through error. The information for the six years in question is as follows:
Number of cases Sector/Commodity/Scheme |1989 |1990 |1991 |1992 |1993 |1994 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Farm based schemes |135 |167 |72 |80 |78 |84 Beef special premium |- |- |- |- |2 |6 Suckler cow premium |114 |154 |52 |28 |33 |20 Sheep annual premium |18 |12 |11 |26 |27 |30 Arable crops and setaside |- |- |1 |21 |9 |22 Oilseeds |- |- |- |5 |7 |1 Linseeds |- |- |- |- |0 |4 Milk outgoers schemes |3 |1 |8 |0 |- |- Environmentally sensitive areas |- |- |- |0 |0 |1 Intervention (Beef) |0 |0 |0 |3 |1 |1 Other market support measures |21 |21 |35 |24 |46 |65 Beefmeat |3 |7 |13 |9 |3 |4 Sheepmeat |16 |3 |7 |1 |0 |0 Cereals |1 |9 |13 |10 |16 |6 Oils and fats |0 |0 |0 |1 |2 |0 Protein crops |0 |1 |1 |0 |5 |2 Fruit and vegetables |0 |0 |0 |0 |0 |1 Milk and milk products |0 |1 |1 |3 |20 |51 Pigmeat |1 |0 |0 |0 |0 |0 Sugar |0 |0 |0 |0 |0 |0 Potato starch |- |- |- |- |- |1 Export refunds |4 |1 |13 |20 |45 |74 MCA on Intra community trade |3 |0 |11 |4 |9 |4 Totals |163 |189 |131 |131 |179 |228 Source: UK CAP scheme irregularities reported under Commission Regulations 283/72 and 595/91.
1989: Irregularity cases reported under Regulation 283/72 |Value |Numbers |Value reported |recovered Sector/Commodity/Scheme |of cases |£000 |£000 -------------------------------------------------------------------------------------------------------------------------------- Farm based schemes |135 |292 |284 Beef special premium |- |- |- Suckler cow premium |114 |246 |241 Sheep annual premium |18 |38 |35 Arable crops and set-aside |- |- |- Oilseeds |- |- |- Linseeds |- |- |- Milk outgoers schemes |3 |8 |8 Environmentally sensitive areas |- |- |- Intervention |0 |0 |0 Other market support measures |21 |861 |670 Beefmeat |3 |434 |425 Sheepmeat |16 |372 |217 Cereals |1 |52 |25 Oils and fats |0 |0 |0 Protein crops |0 |0 |0 Fruit and vegetables |0 |0 |0 Milk and milk products |0 |0 |0 Pigmeat |1 |3 |3 Sugar |0 |0 |0 Export refunds |4 |11 |11 MCA on intra community trade |3 |4,306 |6 Totals |163 |5,470 |971
1990: Irregularity cases reported under Regulation 283/72 |Numbers |Value Sector/Commodity/Scheme |of cases |Value reported |recovered |£000 |£000 -------------------------------------------------------------------------------------------------------------------------------- Farm based schemes |167 |340 |311 Beef special premium |- |- |- Suckler cow premium |154 |305 |284 Sheep annual premium |12 |22 |14 Arable crops and set-aside |- |- |- Oilseeds |- |- |- Linseeds |- |- |- Milk outgoers schemes |1 |13 |13 Environmentally sensitive areas |- |- |- Intervention |0 |0 |0 Other market support measures |21 |1,934 |1,893 Beefmeat |7 |19 |17 Sheepmeat |3 |989 |987 Cereals |9 |890 |853 Oils and fats |0 |0 |0 Protein crops |1 |0 |0 Fruit and vegetables |0 |0 |0 Milk and milk products |1 |36 |36 Pigmeat |0 |0 |0 Sugar |0 |0 |0 Export refunds |1 |1 |1 MCA on intra community trade |0 |0 |0 Totals |189 |2,275 |2,205
1991: Irregularity cases reported under Regulation 595/91 |Numbers |Value Sector/Commodity/Scheme |cases |Value reported |recovered |£000 |£000 -------------------------------------------------------------------------------------------------------------------------------- Farm based schemes |72 |246 |208 Beef special premium |- |- |- Suckler cow premium |52 |135 |125 Sheep annual premium |11 |33 |30 Arable crops and set-aside |1 |10 |10 Oilseeds |- |- |- Linseeds |- |- |- Milk outgoers schemes |8 |68 |43 Environmentally sensitive areas |- |- |- Intervention |0 |0 |0 Other market support measures |35 |1,898 |1,497 Beefmeat |13 |70 |65 Sheepmeat |7 |65 |55 Cereals |13 |1,594 |1,365 Oils and fats |0 |0 |0 Protein crops |1 |12 |12 Fruit and vegetables |0 |0 |0 Milk and milk products |1 |157 |0 Pigmeat |0 |0 |0 Sugar |0 |0 |0 Export refunds |13 |1,121 |740 MCA on intra community trade |11 |975 |770 Totals |131 |4,240 |3,215
1992: Irregularity cases reported under Regulation 595/91 |Numbers |Value Sector/Commodity/Scheme |of cases |Value reported |recovered |£000 |£000 -------------------------------------------------------------------------------------------------------------------------------- Farm based schemes |80 |444 |339 Beef special premium |- |- |- Suckler cow premium |28 |148 |97 Sheep annual premium |26 |157 |142 Arable crops and set-aside |21 |115 |80 Oilseeds |5 |24 |20 Linseeds |- |- |- Milk outgoers schemes |0 |0 |0 Environmentally sensitive areas |0 |0 |0 Intervention |3 |1,079 |529 Other market support measures |24 |1,845 |1,297 Beefmeat |9 |25 |20 Sheepmeat |1 |4 |4 Cereals |10 |1,406 |1,273 Oils and fats |1 |106 |0 Protein crops |0 |0 |0 Fruit and vegetables |0 |0 |0 Milk and milk products |3 |304 |0 Pigmeat |0 |0 |0 Sugar |0 |0 |0 Export refunds |20 |2,355 |1,621 MCA on intra community trade |4 |71 |50 Totals |131 |5,794 |3,836
1993: Irregularity cases reported under Regulation 595/91 |Numbers |Value Sector/Commodity/Scheme |of cases |Value reported |recovered |£000 |£000 -------------------------------------------------------------------------------------------------------------------------------- Farm based schemes |78 |508 |366 Beef special premium |2 |0 |0 Suckler cow premium |33 |191 |162 Sheep annual premium |27 |241 |157 Arable crops and set-aside |9 |39 |18 Oilseeds |7 |37 |29 Linseeds |0 |0 |0 Milk outgoers schemes |- |- |- Environmentally sensitive areas |0 |0 |0 Intervention |1 |Value being assessed |- Other market support measures |46 |1,350 |887 Beefmeat |3 |28 |17 Sheepmeat |0 |0 |0 Cereals |16 |241 |239 Oils and fats |2 |19 |12 Protein crops |5 |35 |35 Fruit and vegetables |0 |0 |0 Milk and milk products |20 |1,027 |584 Pigmeat |0 |0 |0 Sugar |0 |0 |0 Export refunds |45 |944 |753 MCA on intra community trade |9 |111 |105 Totals |179 |2,913 |2,111
1994: Irregularity cases reported under Regulation 595/91 |Numbers |Value Sector/Commodity/Scheme |of cases |Value reported |recovered |£000 |£000 -------------------------------------------------------------------------------------------------------------------------------- Farm based schemes |84 |624 |414 Beef special premium |6 |18 |14 Suckler cow premium |20 |111 |75 Sheep annual premium |30 |217 |142 Arable crops and set-aside |22 |242 |150 Oilseeds |1 |3 |3 Linseeds |4 |26 |23 Milk outgoers schemes |- |- |- Environmentally sensitive areas |1 |7 |7 Intervention |1 |20 |0 Other market support measures |65 |1,500 |986 Beefmeat |4 |40 |15 Sheepmeat |0 |0 |0 Cereals |6 |359 |51 Oils and fats |0 |0 |0 Protein crops |2 |49 |45 Fruit and vegetables |1 |0 |0 Milk and milk products |51 |1,025 |875 Pigmeat |0 |0 |0 Sugar |0 |0 |0 Potato starch |1 |36 |0 Export refunds |74 |6,570 |498 MCA on intra community trade |4 |419 |9 Totals |228 |9,133 |1,907
Dr. Strang: To ask the Minister of Agriculture, Fisheries and Food how many serious irregularities in the intervention regimes are currently under investigation in the United Kingdom for each agricultural commodity. [32387]
Mr. Waldegrave: The serious irregularities in the intervention regimes currently under investigation in Great Britain are shown in the table and cover all internal support schemes. The details for Northern Ireland will be sent separately to the hon. Member as soon as possible.
Scheme |Number of cases --------------------------------------------------------------- Beef intervention processing |1 Beef intervention purchases |2 Fruit and vegetable withdrawal |1 Surplus food |6 Seed production aid |1 Milk quotas |47 School milk |1 Total |59
Dr. Strang: To ask the Minister of Agriculture, Fisheries and Food how many investigations into intervention fraud in the United Kingdom have taken place in each of the last six years (a) for each agricultural commodity and (b) in total. [32384]
Mr. Waldegrave: The number of completed investigations into intervention fraud in GB for each support scheme is provided in the table. The details for Northern Ireland will be sent to the hon. Member as soon as possible.
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Mr. Martyn Jones: To ask the Minister of Agriculture, Fisheries and Food, pursuant to his answer of 28 June, Official Report , column 691 , who is conducting the two studies into oestrogens in infant diets; when they were commissioned; what reports resulted from the earlier study; if they will be made available; and when they are due to produce final reports. [32440]
Mrs. Browning: The two projects are at the Dunn clinical nutrition centre, university of Cambridge and at the Institute of Food Research, Norwich. The projects respectively started in September 1994 and April 1995 and are due to report in March 1997 and March 1998. Results from the earlier MAFF-funded project are being reported in the scientific literature with one paper already published-- Am J Clin Nutr. 1994; 60 ; 333-340--and a second to be published later this year.
Sir David Steel: To ask the Minister of Agriculture, Fisheries and Food if he will provide provisional quotas and financial assistance to farmers who have not had sheep annual premium and suckler cow premium quotas allocated, because of the judicial review, until such time as the issue is settled. [32640]
Mr. Jack: The judgment given in this case will affect the availability of quota in the national reserves for 1994 and subsequent years. Until those implications have been fully worked out, no allocations of quota can be made from those reserves.
Sir David Steel: To ask the Minister of Agriculture, Fisheries and Food if he will make it his policy not to appeal against the judicial review on sheep annual premium and suckler cow premium quotas. [32641]
Mr. Jack: The Government are currently considering the implications of the judgment given in this case and whether or not to appeal.
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