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Consideration and Third Reading
1. Proceedings on Consideration and Third Reading shall be completed in one day on which the Bill is put down as first Government Order of the Day.
2. On that day--
(1) proceedings on Consideration shall (unless previously concluded) be brought to a conclusion at Ten o'clock, and
(2) proceedings on Third Reading shall (unless previously concluded) be brought to a conclusion at Twelve o'clock.
3. Sessional Order B (Programming Committees) made by the House on 7th November 2000 shall not apply to proceedings on consideration and Third Reading.
4. In the application to proceedings on Consideration of Sessional Order E made by the House on 7th November 2000, paragraph (2)(d) shall have effect as if it required the Speaker to put--
(1) a single question on any amendment in the name of a Minister of the Crown which creates a defence in respect of the hunting of rabbits and on any amendments in the name of a Minister of the Crown which are consequential on that amendment;
(2) the question on any amendment in the name of a Minister of the Crown which creates a defence in respect of deer-stalking and flushing;
(3) the question on any amendment in the name of a Minister of the Crown which expands the defence in respect of the hunting of rodents;
(4) the question on any amendment in the name of a Minister of the Crown which creates a defence in respect of the hunting of mink; and
(5) a single question on any other amendments moved or motions made by a Minister of the Crown.
5. Paragraph (4) of Sessional Order E made by the House on 7th November 2000 shall not apply to proceedings on Consideration.
Lords Amendments and Messages
6. Paragraphs (6) and (7) of Sessional Order A (varying and supplementing programme motions) made by the House on 7th November 2000 shall not apply to proceedings on any programme motion to supplement this order or to vary it in relation to--
(1) proceedings on Consideration of Lords Amendments, or
(2) proceedings on any further messages from the Lords;
and the question on any such motion shall be put forthwith.
Orders of the Day
Hunting Bill
As amended in the Committee and in the Standing Committee, considered.
New Clause 1
Disposal of fallen stock
'.--(1) Not later than 6 months after the date on which this Act is passed the Secretary of State shall by order make a scheme for the collection and disposal of infirm, diseased and dead agricultural animals (in this section referred to as "fallen stock") which would have been collected by hunts but for the enactment or coming into force of the Schedule to this Act.
(2) A scheme shall regulate--
(a) the method of the collection and disposal of fallen stock,
(b) procedures for the notification to the Secretary of State of the whereabouts of fallen stock and the requirements for its prompt collection and disposal,
(c) any charges which may be imposed for the collection and disposal of fallen stock, provided always that such charges shall meet the cost of the scheme and no more.
(3) In order to fulfil his obligations under subsection (2) the Secretary of State may appoint agents to act on his behalf on a regional or national basis.
(4) A scheme under this section shall apply in all of England and Wales.
(5) Before making a scheme under this section, the Secretary of State shall consult such persons as appear to him to be likely to have an interest in such a scheme and such organisations as appear to him to represent such persons.
(6) The Secretary of State shall publish widely in appropriate journals the details of any scheme under this section.
(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.--[Mr. Garnier.]
Brought up, and read the First time.
4.41 pm
Mr. Edward Garnier (Harborough): I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Sir Alan Haselhurst): With this it will be convenient to consider the following amendments: No. 36, in the schedule, page 6, line 37, at end insert--
'.--(1) The Secretary of State shall by order make a scheme for the making of payments to persons in respect of losses incurred by them as a result of--
(a) ceasing, by reason of the enactment or coming into force of this Act--
(i) to carry on their businesses so far as they consist of activities prohibited by this Act, or
(ii) to continue in paid employment so far as that employment was dependent on activities prohibited by this Act;
(b) damage by wild mammals which were previously controlled by activities prohibited by this Act.
(2) A scheme may, in particular--
(a) specify the descriptions of losses and businesses in respect of which payments are, or are not, to be made and the basis of valuation for determining losses,
(b) specify the amounts of the payments to be made or the basis on which such amounts are to be calculated,
(d) include provision for arbitration of any dispute as to a person's entitlement to payments under the scheme or the amounts of any such payments.
(3) Before making a scheme under this paragraph, the Secretary of State shall consult such organisations as appear to him to represent persons likely to be entitled to payments under such a scheme.
(4) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
No. 40, in page 7, line 14, at end insert--
'.--(1) The Secretary of State shall by order make a scheme for the making of payments to persons--
(a) whose business or employment is materially affected (whether by a reduction in profits or the incurring of losses) by reason of the enactment or coming into force of this Act, or
(b) who are deprived of any services previously provided by hunts and as a result incur and are materially affected by costs, expenses or losses which would not have been incurred but for the enactment or coming into force of the Schedule to this Act.
(2) A scheme shall, in particular specify--
(a) the manner in which losses, costs, expenses or reduction in profits may be calculated, and
(b) the evidence which may be reasonably required to show the losses, costs, expenses or reduction in profits calculated in accordance with this paragraph.
(3) A scheme shall also, in particular--
(a) specify the basis of valuation for determining losses,
(b) specify the amounts of the payments to be made or the basis on which such amounts are to be calculated,
(c) provide for the procedure to be followed (including the time within which claims must be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.
(4) Before making a scheme under this paragraph, the Secretary of State shall consult such persons as appear to him to be likely to be entitled to payments under such a scheme and such organisations as appear to him to represent such persons.
(5) Sub-paragraph (6) applies to any dispute as to a person's entitlement to payments under a scheme or the amounts of any such payments which--
(a) has not been resolved within nine months of the day on which the original decision as to entitlement or amounts was notified in writing to the person concerned by the Secretary of State, and
(b) has not been referred by agreement to arbitration.
(6) The dispute shall be referred by the Secretary of State to such appellate body as he deems appropriate by order.
(7) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this paragraph--
"losses" includes losses of income and losses of capital;
"materially affected" means a reduction in profit or the incurring of losses, costs or expenses which may be measured by ordinary principles of commercial accountancy.'.
Mr. Garnier: So begins consideration of the Bill following our deliberations in Committee upstairs. I am grateful to the junior Ministers from the Home Office and the Lord Chancellor's Department for their presence here to assist us. It is perhaps worth pointing out at the outset,
however, that today is a black day for British agriculture--a black day in a black fortnight. There appears to be no sign of the problems caused by the foot and mouth outbreak lifting in the next few days or weeks, so it might have been more appropriate, even though the Bill was introduced by the Home Office, for an Agriculture Minister to respond to the debate, particularly on the new clause.
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