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| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 96 | 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 |
| 97 | Page 10, line 14, leave out "Agriculture, Fisheries and Food" and insert "Environment, Food and Rural Affairs" |
| | The Lord Whitty gives notice of his intention to oppose the Question that Clause 14 stands part of the Bill. |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 98 | 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 LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 99* | Insert the following new Clause— |
| | National action plan for infectious diseases |
| | In the Animal Health Act 1981 (c. 22) the following section is inserted after section 16— |
| "16A | National action plan for infectious diseases |
| | Ministers shall make a national plan covering the measures applicable for the eradication and prevention of such specified disease and for addressing related matters— |
| (a) | subject to an order laid before and approved by a resolution of both Houses of Parliament; |
| (b) | subject to consultation with statutory appointed individuals, bodies and other organisations; |
| (c) | subject to a formal review every three years; and |
| (d) | which comes into immediate effect upon confirmation of a disease."" |
| 100* | Insert the following new Clause— |
| | "PART B1
DISEASE PREVENTION |
| | In section 2 of the Animal Health Act 1981 (c. 22), after paragraph (b) insert— |
| | "following consultation with the relevant local authority or authorities and"" |
| 101* | Insert the following new Clause— |
| (1) | In the 1981 Act the following section is inserted after section 4— |
| | The Minister shall make orders— |
| (a) | creating an institute dedicated to the study and analysis of stock management practices, and |
| (b) | declaring examples of best practice for wider dissemination." |
| (2) | In the 1981 Act the following paragraph is inserted after section 5(1)(b)— |
| "(c) | who supply a health plan for their stock arranged with a named private veterinary surgeon."" |
| 102* | Insert the following new Clause— |
| | In the 1981 Act the following paragraph is inserted after section 6(c)— |
| "(d) | classifying the definition of premises considered at risk of disease, subject to affirmation by Parliament."" |
| 103* | Insert the following new Clause— |
| (1) | In the 1981 Act the following is inserted after section 80(2)(a)— |
| "(aa) | show the number of established veterinary personnel and institutions involved in the eradication and prevention of disease, and their receipts; |
| (ab) | show the measures and practices and their related receipts being conducted to eradicate and prevent disease in relation to different risk scenarios, and". |
| (2) | In the 1981 Act, the following section is inserted after section 80— |
| ( ) | The Minister shall make a report available to both Houses of Parliament every other year which list the capacity of measures deemed necessary to maintain preparedness against disease and the capacity."" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 104 | 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."" |
| | THE LORD PEYTON OF YEOVIL |
| 105 | Page 1, line 9, leave out "the Minister thinks" and insert "which" |
| 106 | Page 1, line 9, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 107 | Page 1, line 9, leave out "thinks" and insert ", after consultation with the animal owner, has reason to believe" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 108 | Page 1, line 9, leave out "thinks" and insert "has good reason to believe, based on an evaluation of a formal written risk assessment undertaken by a suitably qualified veterinary inspector," |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 109 | 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" |
| 110 | Page 1, line 10, at end insert ", providing a local veterinary assessment has been conducted" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 111 | Page 1, line 10, at end insert— |
| | "but, notwithstanding the power in section 87 of this Act to amend the definition of "animals" by order, no animals shall be slaughtered by virtue of this paragraph which are not susceptible to infection of foot-and-mouth disease." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 112 | Page 1, line 10, at end insert— |
| "( ) | After sub-paragraph (1) insert— |
| "( ) | The person carrying out the assessment and the person making the decision to slaughter based on that assessment shall not be the same person."" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 113 | Page 1, line 10, at end insert— |
| "( ) | After sub-paragraph (1) insert— |
| "( ) | Where the Minister uses the power under sub-paragraph (1)(c) above he shall give, in writing to the keeper of the animals, his reasons for doing so."" |
| 114 | Page 1, leave out lines 12 to 20 and insert— |
| "(1A) | In applying sub-paragraph (1)(c) above, the Minister shall exclude animals not affected, nor having been in contact with affected animals, nor exposed to the infection of foot-and-mouth disease, which have been kept indoors constantly since the day before the first announcement by any government department of an outbreak."" |
| 115 | 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 LORD PEYTON OF YEOVIL |
| 116 | Page 1, line 12, leave out "immaterial" and insert "material" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 117 | Page 1, line 12, leave out "immaterial whether or not" and insert "material that" |
| 118 | Page 1, line 14, leave out "suspected of being" and insert "reasonably believed to be" |
| 119 | Page 1, leave out lines 17 and 18 |
| 120 | Page 1, line 20, at end insert— |
| "( ) | In applying sub-paragraph (1A)(c) above, there must be provision for the disposal of the carcasses within 48 hours of slaughter, or in accordance with the requirements of the National Contingency Plan."" |
| 121 | Page 1, line 20, at end insert— |
| "( ) | In sub-paragraph (1A) above, where none of paragraphs (a) to (d) applies to the animals in question, the Minister shall serve on the owner of the animals (or in default of the owner being traceable, the keeper of the animals) a notice containing a reasoned justification for his decision to require the slaughter of animals, and no slaughter of animals shall take place until at least 24 hours have elapsed from the serving of the notice."" |
| | THE VISCOUNT BLEDISLOE
THE LORD WILLOUGHBY DE BROKE |
| 122 | Page 1, line 20, at end insert— |
| "( ) | The Minister shall, after such consultation as seems to him appropriate, publish a code setting the criteria to be taken into account in deciding whether or not to slaughter animals pursuant to sub-paragraph (1)(c) above, and may from time to time amend and re-publish such code."" |
| 123 | Page 1, line 20, at end insert— |
| "( ) | The Minister shall not cause any animal to be slaughtered pursuant to sub-paragraph (1)(c) above, save in accordance with the report of a veterinary inspector, who shall in making such report have regard to— |
| (a) | any code published by the Minister; and |
| (b) | relevant local conditions."" |
| 124 | Page 2, line 2, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 125 | Page 2, line 4, after "of" insert "infectious" |
| 126 | Page 2, line 5, at end insert "except where those animals have been kept indoors constantly since the day before the first announcement by any government department of an outbreak" |
| 127 | Page 2, line 6, after "compensation" insert "at full market value" |
| 128 | Page 2, line 7, at end insert "pursuant to section 36(3) of this Act" |
| | THE LORD PEYTON OF YEOVIL |
| 129 | Page 2, leave out lines 11 and 12 |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 130 | Page 2, line 14, at end insert— |
| "( ) | The Minister shall, for animals slaughtered under this section, pay compensation which shall be the value of the animal immediately before it was slaughtered." |
| 131 | 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 LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. |
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