Schedule 2 - Adjusted compensation
Animal Health Bill
12:45 pm
Mr Colin Breed (South East Cornwall, Liberal Democrat)
I entirely agree that there are always such individual cases. That can happen in the context of almost any piece of legislation. We are trying to formulate measures that are in equity and reasonable. If we tried to address literally every single possible obstruction, the legislation would have to be even more draconian.
The conditions for the warrant should be clear, reasonable and able to be properly understood. The third condition is, I think, a hurdle too far. By removing the subjective nature of ''a refusal is expected'' in condition two, it is still clear that if there has been refusal to enter a premises, a warrant should be issued. I am happy to accept that that is right, but including the subjective ''a refusal is expected'' goes that little bit too far.
It is up to the Minister to demonstrate how the powers are going to be used and that they will be used properly, not in a draconian way. On occasions, yes, they should be used to sort out problems such as those that the hon. Member for Stroud (Mr. Drew) just mentioned, where people deliberately flout procedures. However, we must recognise that the powers are being introduced on the back of very recent, raw experiences. People who are feeling bruised, and who thought that the powers under the Animal Health Act 1981 were draconian enough, are now facing these additional measures. I think that the real impact that the measures might have is slowly
beginning to leak out into the wider agricultural community and various people are becoming concerned about what the Bill will mean for them if it is passed.
Often, legislation can slip through and people only find out about it when it confronts them. This legislation, however, is beginning to unsettle a considerable number of people. They feel that the Government are going too far too quickly, and that there is no need for such an absolute timetable. We did not have a consultation process, and people feel that they are being bulldozed into accepting things that will substantially restrict their rights in an epidemic or time of disease spread.
There is much in the amendments, but the aspect relating to warrants, on which we have concentrated, is important. Once the enforcement of a warrant—legal action—starts to take place, all sorts of other things can come about. When we look at the whole issue of whether a premises is unoccupied, or whether a person is away, we can see that no reasonable excuse will make any difference: whack, in the officials will come. That is unacceptable, and I hope that we can modify it.
It being One o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.
Adjourned till this day at half-past Four o'clock.