Memorandum submitted by the Horticultural
Development Council (Appendix 7)
1. The Horticultural Development Council
("the Council") wishes to give written evidence to the
Environment, Food and Rural Affairs Committee on Part 3 (Flexible
administrative arrangements) Chapter 2 (Power to reform Agricultural
etc bodies) of the Bill.
2. The Council welcomes the proposals put
forward by Defra and believe the framework will allow the opportunity
for the structure of levy bodies to be modernised to meet the
current and future needs of the agricultural and horticultural
industries. To this end the Council supports the forthcoming review
of Levy Bodies being undertaken by Defra and due to report later
this year.
3. The draft Bill lays a solid foundation
for establishing new Boards, but any Section 49 Order will need
to be carefully drafted to ensure that it fully encompasses the
requirements of the industry to which the order relates. The Council
consider that it is particularly important that any changes to
the current levy board structure are only implemented after thorough
consultation with industry stakeholders. In this respect the Council
are concerned that the interests of growers of minor crops, which
probably covers most of horticulture, are adequately taken into
account. It is also noted that whilst current legislation requires
the Ministers to satisfy themselves that a Board is desired by
a substantial number of persons engaged in the industry (section
1(4) of the Industrial Organisation and Development Act 1947)
the draft Bill makes no such provision.
4. On a specific point, the Council feel
the definition of "Agriculture" in section 50(4) requires
clarifying, because as currently drafted it appears arbitrary
and overlapping and provides ample scope for a case being made
by some sections of the industry that they are not covered by
the Act and consequently would not be subject to any Section 49
Order. A broad approach (eg arable, forestry, horticulture and
livestock) in the Act could be later refined in any Section 49
Order to define the specific crops to be covered by that board.
5. The Council does not wish to make any
comment on any other part of the draft Bill.
Horticultural Development Council
February 2005
| 
