AGRICULTURE (AMENDMENT) BILL
EXPLANATORY AND FINANCIAL MEMORANDUM
INTRODUCTION
1. This Explanatory and Financial Memorandum relates to the Agriculture (Amendment) Bill. It has been prepared by the Member in charge of the Bill in order to assist the reader in understanding the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.
2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause does not seem to require explanation or comment, none is given.
BACKGROUND AND POLICY OBJECTIVES
3. The purpose of the Bill is to include horses within the legal definition of agricultural animals across a range of areas.
4. At present "agriculture" is defined in section 43 of the Agriculture Act (Northern Ireland) 1949 ("the 1949 Act") to include "horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping". The word "livestock" within that definition includes "any animal kept for the production of food, wool, skins or fur or for the purpose of its use in the farming of the land". Accordingly, the horse is not classified as an agricultural animal under current law. The definition contained in the 1949 Act is carried through into other areas of law, including rating and planning.
5. It is expected that the reclassification of the horse as an agricultural animal will have beneficial consequences for the equine and agricultural sectors. Amongst those benefits are the following:
- relief from rates for those engaged in the equestrian industry;
- extension of exemptions permitted in existing planning legislation;
- allowing the equine sector to avail of capital grants under future agricultural grants schemes;
- facilitating the registration for traceability of horses;
- giving the Department of Agriculture and Rural Development more input into horse welfare issues;
- opening access for the equine industry to educational and research funds.
CONSULTATION
6. The Member in charge of the Bill has consulted widely within the equine and agricultural sectors.
OPTIONS CONSIDERED
7. The existing classification of the horse as a non-agricultural animal was considered in the light of two recent documents: the report from a cross-sectoral vision group to the Minister of Agriculture and Rural Development entitled A Vision for the Future of the Agri-food Industry, and the Prime Minister's subsequent Strategy for Agriculture. It was concluded that the objectives underlying these papers would be best served by the reclassification of the horse as an agricultural animal. This is permissible under EC law and the change would bring Northern Ireland law into line with several other European countries.
OVERVIEW
8. The Bill has two clauses and no Schedules.
COMMENTARY ON CLAUSES
Clause 1: Amendments to existing legislation
Clause 1(1) substitutes a new definition of "livestock" in section 43 of the Agriculture Act (Northern Ireland) 1949 (1949 Act). The new definition provides that horses are to be included in the definition, alongside animals kept for the production of food, wool, skins or fur, and animals kept for the purpose of their use in the farming of the land.
Clause 1(2) substitutes a new definition of "livestock" in paragraph 3(2) of Schedule 1 to the Rates (Northern Ireland) Order 1977. Similarly, this new definition provides that horses are to be added to the definition for the purposes of the rating provisions, alongside animals kept for the production of food, wool, skins or fur.
Clause 1(3) amends Article 2(2) of the Planning (Northern Ireland) Order 1991 to incorporate the new 1949 Act definition of livestock into planning law.
Clause 2: Short Title
This clause provides for the Act to be called the Agriculture (Amendment) Act (Northern Ireland) 2002.
FINANCIAL EFFECTS OF THE BILL
- There will be financial implications for government departments and district councils. To offset any increased costs, it is expected that the Bill will facilitate farm diversification, provide alternative employment opportunities and enhance the rural economy, environment and infrastructure.
EFFECTS ON EQUAL OPPORTUNITY
10. It is considered that this Bill will not unlawfully or unfairly discriminate against any specified sections of the community.
HUMAN RIGHTS ISSUES
11. The Bill is considered to be compatible with Human Rights obligations.
SUMMARY OF THE REGULATORY APPRAISAL
12. No detailed or formal appraisal exercise has been carried out.
LEGISLATIVE COMPETENCE
13. At Introduction the Member in charge of the Bill, Mr Billy Armstrong, had made the following statement:
"In my view the Agriculture (Amendment) Bill would be within the legislative competence of the Northern Ireland Assembly."