|
back to previous amendments
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 129 | Page 7, line 33, leave out "without lawful authority or" and insert "illegally or without reasonable" |
| 130 | Page 8, 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." |
| 131 | Page 8, leave out line 11 |
| 132 | Page 8, line 11, after "animals" insert "except for household pets" |
| 133 | Page 8, line 33, leave out "one year" and insert "three months" |
| 134 | Page 8, line 36, leave out "one year" and insert "six months" |
| 135 | Page 8, line 39, at end insert "except for domestic pets" |
| 136 | Page 8, leave out lines 40 to 42 |
| 137 | Page 8, line 42, at end insert "except for domestic pets" |
| 138 | Page 9, line 17, at end insert "Rabies" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 139 | 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 |
| 140 | Page 9, line 31, leave out "an" and insert "any" |
| 141 | Page 10, line 1, leave out "three years" and insert "eighteen months" |
| 142 | Page 10, leave out lines 3 to 5 and insert— |
| "(b) | within the period of six months starting with the day a police incident report was filled out or an evidence file was opened, whichever is the earlier." |
| 143 | Page 10, line 7, leave out "conclusive" and insert "reasonable" |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 144 | Insert the following new Clause— |
| | "Annual review of import controls |
| | In the 1981 Act the following section is inserted after section 10— |
| "10A | Annual review of import controls |
| (1) | The Ministers shall prepare a report during each financial year which will— |
| (a) | review all activities of government departments, the Food Standards Agency, local authorities, customs, police authorities and other relevant public agencies directed to the prevention of the introduction of disease into or within England and Wales through the importation of animal products and matter, whether animate or inanimate, and other things; |
| (b) | identify the nature, origin and quantity of such animal products and matter and stating whether the product or matter was destined for personal or commercial consumption; |
| (c) | assess the making of any orders under section 10 of this Act; |
| (d) | assess the effectiveness of any action taken by an order under section 10 of this Act; and |
| (e) | propose such further action as may, on the basis of advice given to the Ministers by suitably qualified individuals appointed as scientific advisers to the Ministers, be required to further reduce the risk of disease being imported. |
| (2) | The Ministers shall lay their report before Parliament and the National Assembly for Wales at the end of each financial year."" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 145 | Page 10, line 14, leave out "Agriculture, Fisheries and Food" and insert "Environment, Food and Rural Affairs" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 146 | 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 |
| 147 | Page 10, line 27, at end insert— |
| "( ) | No order shall be made under subsection (1) until— |
| (a) | the reports of the Government's inquiries into the foot-and-mouth outbreak have been published, |
| (b) | the Government has published a response to the finding of those inquiries, and |
| (c) | the Government has published a response to the report from the European Union into the outbreak and control of foot-and-mouth disease and the use or otherwise of vaccination in the control and prevention of foot-and-mouth disease." |
| 148 | Page 10, line 27, at end insert— |
| "( ) | No order shall be made under subsection (1) until an independent public inquiry into the foot-and-mouth outbreak has reported and the report has been debated in both Houses of Parliament." |
| 149 | Page 10, line 29, at end insert "but any orders made to bring Part 1 or Schedule 1 into force shall provide for their commencement on the same date throughout Great Britain" |
| | THE LORD JOPLING
THE LORD BEAUMONT OF WHITLEY |
| 150 | Page 10, line 29, at end insert— |
| "( ) | This Act shall not come into force until parallel powers have been taken to cover all parts of the United Kingdom." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 151 | 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 |
| 152 | Page 11, line 5, leave out paragraph 2 |
| | THE LORD JOPLING
THE LORD BEAUMONT OF WHITLEY |
| 153 | Page 11, line 30, leave out "75" and insert "100" |
| 154 | Page 11, line 31, leave out from "C" to end of line 32 and insert "is the amount equal to the difference between amounts A and B and 75 per cent of amounts A and B" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 155 | Page 12, line 6, leave out from "slaughtered" to end of line 8 |
| 156 | Page 12, line 16, leave out "B" and insert "A" |
| | THE VISCOUNT BLEDISLOE
THE LORD WILLOUGHBY DE BROKE |
| 157 | Page 12, line 16, leave out from "amount" to end of line 17 and insert "A, but may be reduced to an amount not less than amount B in accordance with paragraphs 3 to 6" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 158 | Page 12, line 20, leave out "must" and insert "may, where in his opinion it is appropriate to do so," |
| | THE VISCOUNT BLEDISLOE
THE LORD WILLOUGHBY DE BROKE |
| 159 | Page 12, line 20, leave out "must" and insert "may" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 160 | Page 12, line 21, at end insert— |
| "( ) | A disease risk assessment must take place within 7 days of the Minister having reason to believe such an assessment is necessary, and at a time decided in agreement with the occupier of the premises." |
| 161 | Page 12, line 22, leave out "person" and insert "local independent veterinary surgeon or veterinary practitioner, or health and safety inspector" |
| | THE VISCOUNT BLEDISLOE
THE LORD WILLOUGHBY DE BROKE |
| 162 | Page 12, line 23, leave out "an" and insert "a veterinary" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 163 | Page 12, line 31, at end insert— |
| "( ) | any document drawn up pursuant to the consultation exercise required under paragraph 7 of this Schedule;" |
| 164 | Page 12, line 31, at end insert— |
| "( ) | the extent of compliance with any biosecurity advice given to the occupier of the premises by a veterinary adviser retained by the Minister to advise on appropriate action to prevent a significant risk of the spread of foot-and-mouth disease taking into account local conditions;" |
| 165 | Page 12, line 33, at end insert "as set out in the code of practice" |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 166 | Page 12, leave out line 34 |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 167 | Page 12, line 38, leave out "14" and insert "28" |
| 168 | Page 12, line 40, at end insert— |
| "( ) | If the Minister fails to respond to any written representations made under sub-paragraph (6) within a period of 14 days, compensation will be payable for the animal at a level of 100 per cent of the full market value immediately prior to slaughter plus interest from that day at base rate plus 5 per cent." |
| 169 | Page 13, line 2, at end insert "or the period of 21 days since the owner was notified of the requirements to comply with biosecurity rules, whichever is the sooner" |
| 170 | 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 VISCOUNT BLEDISLOE
THE LORD WILLOUGHBY DE BROKE |
| 171 | Page 13, line 17, at beginning insert "If the disease risk assessment states that the occupier or persons under his control acted in the way set out in paragraph 3(3), then" |
| | THE LORD JOPLING
THE LORD BEAUMONT OF WHITLEY |
| 172 | Page 13, line 21, at end insert "or amount B" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 173 | Page 13, line 22, leave out "B plus" and insert "A minus" |
| | THE LORD JOPLING
THE LORD BEAUMONT OF WHITLEY |
| 174 | Page 13, line 22, leave out from "B" to end of line 23 and insert "or amount A less up to 25 per cent of that figure as the Minister considers to be reasonable" |
| | THE VISCOUNT BLEDISLOE
THE LORD WILLOUGHBY DE BROKE |
| 175 | Page 13, line 25, leave out "(1)(a) or (b)" and insert "(1)(b) or (c)" |
| 176 | Page 13, line 28, leave out "(1)(c)" and insert "(1)(a)" |
| 177 | Page 13, line 29, leave out "B" and insert "A" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 178 | Page 13, line 31, after "must" insert "within 14 days" |
| 179 | Page 13, line 35, leave out "14" and insert "28" |
| 180 | Page 13, leave out lines 39 to 42 |
| 181 | Page 13, line 40, after "such" insert "reasonable" |
| 182 | Page 13, line 43, leave out from beginning to end of line 7 on page 14 |
| 183 | Page 14, line 1, leave out "an independent person" and insert "a local independent veterinary surgeon or veterinary practitioner" |
| 184 | Page 14, line 10, leave out paragraph (a) and insert— |
| "(a) | interest will be payable at base rate plus one per cent;" |
| 185 | Page 14, line 12, after "must" insert "within 7 days" |
| 186 | Page 14, line 18, at beginning insert "Following the findings of the Government's foot-and-mouth disease inquiries and" |
| 187 | Page 14, leave out lines 27 to 29 |
| 188 | Page 14, line 28, leave out "this paragraph" and insert "deciding the matters to be covered by a disease risk assessment" |
|
