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Amendment Paper as at
Thursday 13th December 2001

CONSIDERATION OF BILL


ANIMAL HEALTH BILL

NEW CLAUSES

Annual report on animal diseases

   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

NC1

To move the following Clause:—

       '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.".'.


Independent public inquiry

   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

NC2

To move the following Clause:—

       'No provision in this Act shall come into force prior to the publication of the findings of an independent public inquiry into the foot and mouth disease outbreak during 2001, which shall be established by the Secretary of State and shall report within six months of the day on which this Act receives Royal Assent.'.


Government inquiries into foot and mouth disease

   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

NC3

To move the following Clause:—

       'No provision in this Act shall come into force prior to the publication of the reports of the Government's inquiries into the foot and mouth disease outbreak during 2001; and those inquiries shall report no later than 30th June 2002.'.


Annual review of import controls

   

Mr David Drew
Diana Organ
Mr Simon Thomas

NC4

To move the following Clause:—

       '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 reviewing all of the activities of government departments, the Food Standards Agency, local authorities, port health 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 animals and other things, including their making of orders under section 10 of this Act, assessing the effectiveness of the action taken, and proposing such further action as may, in the opinion of the Ministers, be required to further reduce the risk of disease being imported.

    (2)   The Ministers shall, as soon as possible after the end of each financial year, lay their report before Parliament and the National Assembly for Wales.".'.


Officials: biosecurity
   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

NC5

To move the following Clause:—

       'In the 1981 Act, the following section is inserted after section 16—

    "16B Officials: biosecurity

    (1)   The Ministers or any person acting on his behalf, shall take all reasonable precautions to ensure that he does nothing which causes 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.".'.


Pet animals
   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

NC6

To move the following Clause:—

       'In the 1981 Act the following section is inserted after section 34.

    "34A   Pet animals

       Where it can be shown that a pet animal has been in contact with an animal affected by foot and mouth, it shall not be slaughtered until the result of a blood test for the disease is known.".'.


Duty of Ministers to disposal of carcasses
   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

NC7

To move the following Clause:—

       'In the 1981 Act the following section is inserted after section 35.

    "35A   Duty of Ministers to dispose of carcasses

       The Minister shall have a duty to dispose of the carcass of any animal slaughtered under the provisions of this Act within forty-eight hours of its slaughter.".'.


Consultation
   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

NC8

To move the following Clause:—

       'No provision in this Act shall come into force prior to the publication of the conclusions of a formal consultation with the following bodies:

       The British Veterinary Association; the Royal College of Veterinary Surgeons; the National Farmers' Union; Compassion in World Farming; the Country Land and Business Association; the Local Government Association; the Countryside Alliance; the National Pig Association; the National Sheep Association; the Tenant Farmers' Association; the CPRE; the Council for National Parks; the British Association of Nature Conservationists; the Soil Association; the National Trust; RSPB; the Wildlife Trusts; the Ramblers Association; the British Ecological Society.'.


Transport of animals destined for slaughter

   

David Taylor

NC9

To move the following Clause:—

       'In the 1981 Act the following section is inserted after section 8—

"8A Transport of animals destined for slaughter

       A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he transports, or knowingly causes or permits to be transported, any animal destined for slaughter for more than 8 hours".'.


Bringing of animals to markets

   

David Taylor

NC10

To move the following Clause:—

       'In the 1981 Act the following section is inserted after section 8—

"8A Bringing of animals to markets

       A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he brings, or knowingly causes or permits to be brought, to market any animal which has been brought to a market in the previous 20 days.".'.


National Contingency Plan

   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan SayeedMr Simon Thomas

NC11

To move the following Clause—

       '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, which shall be laid before Parliament.".'.


Ombudsman

   

Mr Colin Breed
Mr Roger Williams
Mr Malcolm Bruce
Mr Simon Thomas

NC12

To move the following Clause—

       'In the 1981 Act, the following section is inserted after section 78.

       "78A Ombudsman

      (1) An Ombudsman shall be established to adjudicate on any decision taken under this Act.

      (2) If a person thinks himself aggrieved by a decision taken against him by a Crown Court or the Minister or persons acting for the Minister, he may have recourse to appeal to the Ombudsman through a written statement.

      (3) The Minister may by order make such provision as he thinks necessary for the effective working of the Ombudsman.


   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

23

Page     1     [Clause     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'.

   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan Sayeed

3

Page     1,     line     10     [Clause     1],     at end insert 'and where the Minister uses the power under this sub-paragraph he shall give to the keeper of the animals his reasons for doing so in writing'.

   

Mr Peter Ainsworth
Mrs Ann Winterton
Mr Keith Simpson
Mrs Cheryl Gillan
Mrs Angela Browning
Mr Bill Wiggin
Mr Jonathan SayeedMr Simon Thomas

24

Page     1,     line     12     [Clause     1],     leave out 'it is immaterial'. and insert 'The Chief Veterinary Officer shall only advise the destruction of animals having taken into account'.

   

David Taylor

18

Page     1,     line     20     [Clause     1],     at end insert—

    '(3A)   After sub-paragraph (1) insert—

          "(1A)   Unless the Minister reasonably believes, on the basis of a veterinary risk assessment, that an animal is at significant risk of having been affected with foot-and-mouth disease, he may not cause it to be slaughtered—

          (a) under sub-paragraph (1)(b) above on the ground that it appears to the Minister to have been in any way exposed to the infection of foot-and-mouth disease, or

          (b) under sub-paragraph (1)(c) above.".'.

 
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Prepared 13 Dec 2001