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22 Mar 1999 : Column 121

Orders of the Day

CONSOLIDATED FUND (No. 2) BILL

Order for Second Reading read.

Question, That the Bill be now read a Second time, put forthwith, pursuant to Standing Order No. 56 (Consolidated Fund Bills), and agreed to.

Bill accordingly read a Second time.

Question, That the Bill be now read the Third time, put forthwith, and agreed to.

Bill accordingly read the Third time, and passed.

DELEGATED LEGISLATION

Madam Speaker: With permission, I shall put together the Questions on motions Nos. 3 and 4.

Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Standing Committees on Delegated Legislation),

Legal Aid and Advice (Scotland)



    That the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 1999, which were laid before this House on 22nd February, be approved.--[Mr. Hill.]

Question agreed to.

Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Standing Committees on Delegated Legislation),

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Social Security


Question agreed to.

Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Standing Committees on Delegated Legislation),

Government Trading Funds


Question agreed to.

Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Standing Committees on Delegated Legislation),

Constitutional Law


Question agreed to.

EUROPEAN COMMUNITY DOCUMENTS

Motion made, and Question put forthwith, pursuant to Standing Order No. 119(9) (European Standing Committees),

Welfare of Laying Hens


Question agreed to.

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Fur Farming (Prohibition) Bill [Money]

Queen's recommendation having been signified--

Motion made, and Question proposed,


10.14 pm

Mr. Eric Forth (Bromley and Chislehurst): On these occasions, I always say at the beginning of my remarks how unfortunate it is that the Minister never seeks to catch your eye, Madam Speaker, to set out--however briefly--the reasons behind the money resolution. I say that because it would be helpful to the House. It might even avoid the need for speeches, during the brief 45 minutes that we are allowed, if the Minister were to do the courtesy of setting out for the House the reasoning behind the money resolution.

Even in our rather full Second Reading debate, we were unable properly to explore the financial implications of the Bill. Tonight's debate gives us a chance to do so. In the absence of any explanation from the Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food, I shall simply ask a few questions so that the House may judge whether it wishes to approve the money resolution.

The resolution is intended


That is fair enough as far as it goes. The Bill does, indeed, in clause 5, make provision for a compensation scheme, and sets out in helpful detail its likely nature.

I do not want to dwell on that because one or two of my hon. Friends wish to concentrate on the specific nature of the compensation scheme. Given the brief nature of the debate, I certainly do not want to take up too much time.

Mr. Jim Dowd (Lord Commissioner to the Treasury): Why not?

Mr. Forth: So that my all hon. Friends may speak. Whether the House will wish to divide on the matter will of course depend on the Minister's replies.

Mr. David Davis (Haltemprice and Howden): During my time dealing with private Members' Bills, I have always been led to believe that they are not allowed to be primarily for the purpose of spending money. My right hon. Friend has referred to the compensation scheme, on which, it seems to me, the Bill depends. Would my right hon. Friend give us his views on that point?

Mr. Forth: I hate to disagree with my right hon. Friend, but my reading of the Bill is rather different from his. I am reasonably satisfied that the main purpose of the Bill is to ban the practice of fur farming, although, as I said on Second Reading, I do not agree with that. My right hon. Friend has made an important point, however, about whether the ban comes before the compensation or vice versa.

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I cannot imagine that the Government wanted to provide compensation and therefore introduced the ban in order to do so, which is almost what my right hon. Friend suggests. However, we need a clear explanation from the Minister of the nature and basis of the compensation regime and the mechanism that he envisages for paying compensation. At least one of my right hon. Friends will pursue just that point in a moment.

I read out the words of the resolution a moment ago to show that it refers only to the compensation mechanism. Yet, when I read clause 5(3) of the Bill, I found that it talked about the mechanism by which to resolve disputes, stating:


the Lands Tribunal.

It strikes me that it is entirely possible that the extra burden of work that may be laid on the Lands Tribunal could give rise to additional expenditure by the tribunal, possibly on additional staff or training, or even on a further appeals mechanism. We must know whether the Minister agrees that that is so, and whether the money resolution may therefore be defective.

Can the Minister give an absolute guarantee that the Lands Tribunal will incur no additional expenditure in fulfilling the responsibilities laid on it? My view is that either the resolution may be defective or the Minister must give that guarantee. Then we will be able to watch carefully to see that the use of the Lands Tribunal by those who find themselves in dispute over compensation takes place within a tight financial regime, because the tribunal may not be able to spend any more money. There is a possibility of real difficulty owing to inadequate drafting of the money resolution.

Those are my main points. I am anxious to give my right hon. and hon. Friends time to raise further matters before we decide whether we wish to agree the resolution.

10.20 pm

Dr. Peter Brand (Isle of Wight): I am grateful that this issue is being discussed. I fully support the Bill to ban fur farming, but I am extremely concerned that people who have been carrying out what was a legitimate occupation should be adequately compensated. In the past few years, they have had an extremely difficult time. They have had to spend a great deal of money to maintain the security of their premises, to protect not only their livelihoods but the environment from the irresponsible actions of some animal welfare activists. Fur farmers have been spending money--

Madam Speaker: Order. We are dealing with the money resolution, which is very narrow, not the Bill.

Dr. Brand: I fully appreciate that, Madam Speaker. The importance of the money resolution is that it will allow the Minister to make a statement on compensation before Third Reading. It is important that, before we vote on Third Reading, we hear from the Minister what compensation arrangements are being put in place.

10.22 pm

Mr. Michael Jack (Fylde): Two out of the 11 remaining fur farmers in this country are in my constituency. They will be affected by the Bill if it is enacted. Therefore, they have a keen interest in the terms of the money resolution.

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In my initial remarks, I shall deal with one point of concern. The resolution invites Parliament to agree to effect payment


That would give the Minister broad scope to invent whatever compensation scheme he felt was appropriate.

Fur farmers are worried because many of them hoped that the compensation scheme covered by the resolution would be sufficiently flexible properly to compensate them for the losses that they will inevitably incur if the Bill is enacted and their present legitimate form of business has to cease.

I want to know from the Minister whether any discussions have been held with the Treasury about the amount of money that could be agreed under the terms of the resolution. The House is invited to agree the payment of money out of funds provided by Parliament, but that is almost an open-ended commitment. We do not know whether the Treasury has agreed a cash-limited sum with the Ministry of Agriculture, Fisheries and Food that it can use in framing the scheme. Estimates of about £400,000 were suggested in the explanatory notes that were issued in connection with the Bill.

The Minister has made it clear in discussions that he is contemplating a minimalist regime to compensate farmers solely and wholly for the loss of assets. That is his opening proposition. I hope that he will explain in his reply whether that is the opening position, the only position, or whether there will be opportunities for further discussion with fur farmers, who face the end of their legitimate trade. They want to know whether the terms of the money resolution can give them comfort to discuss the way in which the Minister might approach the powers that it will give him--namely, being able to use "any compensation scheme". I hope that that would give the Minister the flexibility to design a fair compensation scheme because the measure would end what is currently fur farmers' legitimate activity. When they consider the estimates that have been published so far, many of them may think that £400,000 is a grossly inadequate sum of money for the losses that their businesses will occur.


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