Amendment Paper as at
Friday 23rd July 1999
CONSIDERATION OF BILL
FUR FARMING (PROHIBITION) BILL, AS AMENDED
Clause No. 3 (Effect of forfeiture orders).
36
Amendment (No. 36) proposed, in page 2, line 20, at the end to insert the words—
'(c) in Northern Ireland, to the Crown Court'.—(Mr Eric Forth).
Question proposed, That the Amendment be made.
Mr David Maclean
48
Page 2 [Clause 3], leave out lines 18 to 20 and insert 'to the Crown Court'.
Maria Eagle
1
Page 2, line 21 [Clause 3], leave out subsection (3).
Mr Eric Forth
Mr David Maclean
4
Page 2, line 24 [Clause 3], leave out from 'order' to end of line 31 and insert 'it shall order that the forfeited animals shall become the property of the appropriate authority and be dealt with in accordance with section (appropriate authority responsibility for forfeited animals) below.'.
Maria Eagle
2
Page 2, line 24 [Clause 3], after 'may' insert 'in particular'.
Mr Eric Forth
Mr David Maclean
10
Page 2, line 27 [Clause 3], leave out 'other disposal' and insert 'disposal by other such means as the appropriate authority may specify in regulations.'.
Mr David Maclean
39
Page 2, line 28 [Clause 3], leave out 'the court' and insert 'an independent arbitrator appointed by the Agricultural Development Advisory Service'.
Maria Eagle
3
Page 2, line 31 [Clause 3], at end insert—
'( ) make such provision as the court considers appropriate in relation to the operation of the order pending the making or determination of any appeal or application relevant to the order.'.
Mr Eric Forth
Mr David Maclean
11
Page 2, line 31 [Clause 3], at end insert—
'(d) where the offender demonstrates that he is incapable of paying the required sum to the court, or keeping the animals himself, make suitable arrangements for the animals to be kept in a proper condition.'.
Mr Eric Forth
Mr David Maclean
12
Page 2, line 31 [Clause 3], at end insert—
'( ) Where the court orders an offender to make a payment in accordance with subsection (c) above, it shall take into consideration the cost of keeping the animals concerned in compliance with such regulations regarding animal welfare as applied to fur farming prior to the coming into force of sections 1 to 4 of this Act.'.
Mr Eric Forth
Mr David Maclean
13
Page 2, line 31 [Clause 3], at end insert—
'( ) Any person appointed under subsections (a) or (b) above shall possess such qualifications or meet such criteria as the appropriate authority shall specify in regulations.'.
Mr Eric Forth
Mr David Maclean
14
Page 2, line 31 [Clause 3], at end insert—
'( ) A person appointed to carry out a forfeiture order in accordance with subsection (4) shall keep the animals concerned in compliance with such regulations regarding animal welfare as applied to fur farming prior to the coming into force of sections 1 to 4 of this Act.'.
Mr Eric Forth
Mr David Maclean
15
Page 2, line 31 [Clause 3], at end insert—
'( ) Any animal destroyed in pursuance of a forfeiture order made under this Act shall be destroyed in accordance with the requirements of such regulations concerning the slaughter or killing of animals of the relevant species as may be in force at that time.'.
Mr David Maclean
49
Page 2 line 34 [Clause 3], leave out subsection (6).
Mr David Maclean
40
Page 2, line 38, leave out Clause 4.
Mr David Maclean
41
Page 2, line 38 [Clause 4], leave out subsection (1) and insert—
'(1) Where an appropriate authority has reasonable grounds for suspecting that an offence under section 1(1) has been or is being committed it shall obtain an entry warrant from the appropriate court.
(1A) Where an appropriate authority obtains a warrant under subsection (1) above no fewer than 2 nor more than 5 officers shall have the right to enter and inspect the premises concerned and to collect any evidence of any offence under section 1(1).
(1B) Where officers of an appropriate authority exercising their powers under subsection (1) above believe that an offence under section 1(1) is being or has been committed they may take such photographs, copies of any documents or records and any samples of any description which may be required for evidence.
(1C) If officers of an appropriate authority conclude that an offence under section 1(1) has been committed they shall serve a notice on the person responsible for keeping the animals warning him that he may be prosecuted for that offence.'.
Mr David Maclean
42
Page 2, line 38 [Clause 4], leave out 'A person' and insert 'An officer of the appropriate authority'.
Mr David Maclean
43
Page 3, line 3 [Clause 4], leave out 'A person' and insert 'An officer of an appropriate authority or a person appointed by the court'.
Mr David Maclean
44
Page 3, line 12 [Clause 4], at end insert—
'(5A) It shall not be an offence to obstruct or delay a person who has not produced evidence of identity or an entry warrant.'.
Mr David Maclean
45
Page 3, line 16 [Clause 4], leave out from 'place' to end of line 20 and insert ', including any private dwelling.'.
Mr Eric Forth
Mr David Maclean
16
Page 3, line 20 [Clause 4], at end insert—
'( ) No person shall be authorised by the appropriate authority under subsection (1) unless he has previously been certified by the authority as competent for that purpose.'.
Mr David Maclean
46
Page 3, line 21 [Clause 5], leave out from beginning to end of line 35 and insert—
'(1) The appropriate Authority shall make compensation payments in accordance with the provisions of Schedule (Compensation scheme) to persons in respect of losses incurred by them as a result of ceasing, by reason of the enactment or coming into force of section 1, to carry on their business so far as they consist of activities prohibited by that section.'.
Mr Eric Forth
Mr David Maclean
17
Page 3, line 21 [Clause 5], leave out 'may' and insert 'shall'.
Mr Eric Forth
Mr David Maclean
18
Page 3, line 26 [Clause 5], leave out 'may' and insert 'shall'.
Mr Eric Forth
Mr David Maclean
19
Page 3, line 29 [Clause 5], at end insert—
'( ) include provision for losses incurred in value of land, buildings, equipment, livestock and goodwill.'.
Mr Eric Forth
Mr David Maclean
20
Page 3, line 35 [Clause 5], at end insert—
'( ) specify the time within which payments shall be made.'.
Mr Eric Forth
Mr David Maclean
21
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment of expenses incurred by the claimant as a result of the coming into force of section 1 including forced sales, premature termination of contracts, redundancy payments to employees, and any other reasonable disturbance costs.'.
Mr Eric Forth
Mr David Maclean
22
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment of losses of income to businesses affected, and account shall be taken in the provision of the period for which the business might reasonably have been expected to continue but for the prohibition on keeping of animals solely or primarily for slaughter for the value of their fur under section 1 and the feasibility of reorganising the business to adopt alternative enterprises.'.
Mr Eric Forth
Mr David Maclean
23
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment on account where requested by the claimant of 50 per cent. of the amount of compensation agreed between the claimant and the appropriate authority, or in any other case of the amount of compensation that the appropriate authority estimates the claimant is entitled to under the scheme, within three months of the submission of the claim or on the expiry of any time limit imposed for the payment of compensation, whichever is the earlier.'.
Mr Eric Forth
Mr David Maclean
24
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment of the reasonable fees for professional advice for persons making claims.'.
