Animal Health Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 1, leave out lines 9 and 10 and insert— |
| ""(c) | only those animals which the Minister believes, on the public advice of the chief veterinary officer, should be slaughtered with a view to preventing the spread of foot-and-mouth disease."" |
| Page 1, line 9, leave out from "Minister" to end of line 10 and insert "has reason to believe could act as a channel for the spread of foot-and-mouth disease in the circumstances prevailing" |
| Page 1, line 10, at end insert— |
| "( ) | After subparagraph (1) insert— |
| "(1ZA) | Where the Minister uses the power under subparagraph (i)(c) above he shall give, in writing to the keeper of the animals his reasons for doing so."" |
| Page 1, line 12, leave out "it is immaterial" and insert "the chief veterinary officer shall only advise the destruction of animals having taken into account" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 2, line 23, at end insert— |
| "(3) | In section 35(3) of that Act after paragraph (c) there is inserted— |
| (d) | all orders under subsection (3)(a) and (b) shall stipulate that burial, disposal or treatment of carcasses shall take place within 48 hours of slaughter." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 2, line 32, after "slaughtered" insert "within three months of the date of vaccination" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Insert the following new Clause— |
| | "National contingency plan |
| | In the 1981 Act the following section is inserted after section 36— |
| | "36A National contingency plan |
| | The Government shall prepare and regularly maintain, in consultation with interested public and private bodies, a national contingency plan for foot-and-mouth disease and other specified diseases, which shall be laid before Parliament."" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 3, line 25, at end insert— |
| "( ) | Any person given notice under subsection (5)(b) shall be entitled to present sworn information in person or in writing to the justice of the peace who is to consider the application for a warrant." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 4, line 30, at end insert— |
| "( ) | Any person given notice under subsection 3(b) shall be entitled to present sworn information in person or in writing to the justice of the peace who is to consider the application for a warrant." |
| Page 5, line 3, at end insert "unless a justice of the peace is satisfied that there are reasonable grounds for concluding that the warrant should be revoked" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 6, line 11, at end insert— |
| "( ) | Any person given notice under subsection (3)(b) shall be entitled to present sworn information in person or in writing to the justice of the peace who is to consider the application for a warrant." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 7, line 33, leave out "without lawful authority or" and insert "illegally or without reasonable" |
| Page 8, line 4, leave out lines 4 to 6 and insert— |
| "( ) | No statutory instrument containing an order under subsection (3) shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House." |
| Page 8, line 42, at end insert "except for domestic pets" |
| Page 9, line 17, at end insert "Rabies" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Insert the following new Clause— |
| | In the 1981 Act the following section is inserted after section 16— |
| | "16A Officials: biosecurity |
| (1) | The Minister, or any persons acting on his behalf, shall take all reasonable precautions to ensure that he does nothing likely to cause an animal to be infected with a disease specified in Schedule 2A. |
| (2) | Any person who fails to take such reasonable precautions is guilty of an offence, and shall be liable on summary conviction to a fine not exceeding the statutory maximum."" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill. |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 9, line 31, leave out "an" and insert "any" |
| Page 10, line 1, leave out "three years" and insert "eighteen months" |
| Page 10, line 3, leave out lines 3 to 5 and insert— |
| "(b) | within the period of six months starting with day a police incident report was filled out or an evidence file was opened, whichever is the earlier." |
| Page 10, line 7, leave out "conclusive" and insert "reasonable" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 10, line 14, leave out "Agriculture, Fisheries and Food" and insert "Environment, Food and Rural Affairs" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Insert the following new Clause— |
| | "Annual report on animal diseases |
| | In the 1981 Act the following section is inserted after section 10— |
| | "10A Annual report on animal diseases |
| | The Secretary of State shall lay before Parliament in each calendar year a report on measures taken by government departments and agencies and other public bodies to prevent the importation into the United Kingdom of the diseases mentioned in Schedule 2A."" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Insert the following new Clause— |
| | "Independent public inquiry |
| (1) | No provisions of this Act shall come into force prior to the publication of the findings of an independent public inquiry into the foot-and-mouth outbreak. |
| (2) | Nothing in this section shall prevent the Minister from taking emergency powers necessary in the event of an outbreak of foot-and-mouth disease, or any other specified disease, before the coming into force of this Act." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 13, line 15, at end insert "unless a justice of the peace finds evidence that the owner or occupier of the land has reasonable grounds for not allowing officials entry to his premises" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| Page 14, line 37, leave out "in his opinion" and insert "in the opinion of the chief veterinary officer and the President of the British Veterinary Association" |
| Page 15, line 23, at end insert— |
| "(e) | provide for the Minister to defray any costs of the keeper in respect of the identification and testing of any sheep" |
| Page 15, line 38, leave out "may" and insert "shall" |
| Page 16, line 18, leave out "brought" and insert "notified to the appeal court" |
| Page 16, line 23, at end insert— |
| | "(3A) Notification of an appeal will suspend arrangements under section 36C(9)(a) or (b). |
| | (3B) Arrangements suspended under subsection (3A) will be reinstated only in the event of the assessor refusing the appeal." |
| Page 16, leave out lines 24 and 25 and insert— |
| | "(4) The appeal shall be limited to the sheep specified by the appellant." |
| Page 16, line 36, leave out "may" and insert "shall" |
| Page 16, line 38, leave out "may" and insert "shall" |
| Page 16, leave out lines 40 and 41 |
| Page 17, line 3, at end insert ", and |
| (e) | for the crediting of those costs where the further tests prove negative" |
| Page 17, leave out lines 4 to 6 |
| Page 17, line 18, leave out "may" and insert "shall" |
| Page 18, line 1, leave out "or any other person" |
| Page 18, line 12, leave out from "house" to end of line 13 |
| Page 18, line 21, at end insert— |
| | "( ) Any person given notice under subsection (3)(b) shall be entitled to present sworn information in person or in writing to the justice of the peace who is to consider the application for a warrant." |
| Page 19, line 9, leave out "seize and detain" and insert "copy" |
| Page 19, line 11, at end insert— |
| (c) | where it is not possible to take copies of relevant records on the premises under subsection (4)(b), any records which are removed to be copied shall be returned to the owner within 48 hours. |
| Page 19, line 22, after "give" insert "reasonable" |
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