HC Deb 23 November 1925 vol 188 cc1059-67
Mr. SANDEMAN ALLEN

I beg to move in page 6, line 32, to leave out the words "any such amendment as aforesaid" and to insert instead thereof the words: under the foregoing provisions any amendment which is not necessitated by an alteration of the valuation list and the effect of which is to alter the amount appearing in the rate as chargeable in respect of any hereditament. The reason for this Amendment is that the wording of the Clause as it stands goes a little too far and would include every kind of alteration such as corrections and so forth, and also agreed alterations and alterations resulting from judgments—all of which would automatically come within this provision as to giving notice. The whole point and intention of the Clause is to protect owners, so that they may receive proper notice of any alteration of the amount chargeable in respect of any hereditament.

Mr. S. ROBERTS

I beg to second the Amendment.

Sir K. WOOD

I shall be happy to accept this Amendment. The Clause deals with alterations of a rate including the correction of any clerical mistakes that may happen, and the last part of the Clause provides that notice shall be given to the person affected if any alteration is made. Obviously it would be a waste of time and money to give notice of every possible alteration which might take place such as the setting right of clerical errors. In such a case there is no necessity for giving notice, and the Amendment provides that notice shall be given of any change which is not necessitated by an alteration of the valuation list and the effect of which is to alter the amount chargeable in respect of any hereditament.

Colonel WEDGWOOD

I would like to find out from the hon. Gentleman if these Amendments are suggested by hon. Members to the Government or are suggested by the Government to hon. Members. I understand that there was a meeting with hon. Members concerned in this Bill some days age. I would also [joint out to the hon. Gentleman that the Amendment taken with the Clause does not seem to lead properly. It will read as follows: Provided that not loss than seven days before making under the foregoing provisions any Amendment which is not necessitated by an alteration of the valuation list and the effect of which is to alter the amount appearing in the rate as chargeable in resent of any hereditament the rating authority shall send notice of the proposed amendment to the occupier of the hereditament affected. It is an awful sentence. It has not a comma in six lines. Would it not be possible, when the Bill goes to another place, to improve the grammar and the punctuation, so that it will be intelligible to ordinary mortals as well as to the highly inspired Gentlemen opposite?

Sir K. WOOD

I am always glad to meet the right hon. and gallant Gentle- man in any way I can, especially in matters of commas. Many of the Amendments on the Paper which the Government propose to accept have been considered, as the House would anticipate, in the interval between the Committee stage and the Report stage by many associations concerned in the administration of this Bill, and it is true as the right hon. and gallant Gentleman says, that we did meet certain hon. Members the other day, including Members of his own party, with a view to facilitating discussion. The House will appreciate that many of these Amendments are very technical in character and steps were taken, as I say, in order to facilitate discussion.

Colonel WEDGWOOD

The hon. Gentleman will understand that it is of great assistance to the Opposition to know which are Government Amendments and which are not. If one sees an enormous number of Amendments in the names of hon. Members one does not give them the same attention as would be given to Government Amendments. I submit it is desirable that the Government should appear in its own colours.

Amendment agreed to.

Mr. LOOKER

I beg to move, in page 0, line 34, to leave out the words "occupier of the hereditament," and to insert instead thereof the words "person liable to be rated."

The point of the Amendment is that the occupier of a hereditament is not always the person liable for rates, and obviously the notice referred to in the Clause should be given to the person liable for the rates.

Mr. G. PETO

I beg to second the Amendment.

Sir K. WOOD

I shall be very glad to accept this Amendment.

Colonel WEDGWOOD

This is not such a complicated Amendment that we cannot understand it. It seems to be an entirely reactionary step, which ought to have been explained, either by the Mover of the Amendment or by the Government.

Sir K. WOOD

I shall be glad to give an explanation. As a matter of fact, I thought the Mover of the Amendment gave a very clear explanation of it. The right hon. Gentleman will remember that in Committee various provisions were made by which notice of any Amendments to the rate were to be sent to the occupier of the hereditament affected, and this Amendment proposes that it should be sent instead to the person liable to be rated, which, I think, is a proper course to take.

Colonel WEDGWOOD

I disagree. Take the case of compounded property. Under the Bill notice of a change had to be sent to the occupier who paid his rent and rates together, but under this Amendment the occupier will not have any notification at all of a change in the rate. It is even worse than that, because under the Kent Restriction Acts the power of the landlord to raise the rent depends upon the rate which he is charged, and is this also to be kept dark from the occupier? Is it only to be conveyed to the person liable to be rated? Why should not the occupier have the information, which is just as important to him as it is to the owner?

Sir K. WOOD

I think the right hon. and gallant Member is making an unnecessary difficulty over this point. Obviously, when an alteration is being made in the rate, notice should be sent to the person who is adversely affected, and that is the person liable to be rated. Those words are wider than the words in the Clause as it stands.

Mr. CRAWFURD

This is a point of some substance. Later on, I hope to have the opportunity of moving an Amendment which will have the effect of giving to the occupier of the hereditament rated all the information which is given to the person who pays the rate. That seems to me to be a principle of the first importance, from many points of view. With regard to this particular Amendment now before the House, I wish to back up what has fallen from the right hon. Member for Newcastle-under-Lyme (Colonel Wedgwood), to the effect that under the Kent Restriction Acts the person adversely affected is the occupier of the house, and, therefore, he should at least know what is going on.

Sir K. WOOD

I will look into the matter again. The person who ought to have notice of any alteration in the rate is the person liable for the rate, but I will give an undertaking that we will look into it between now and the time when the Bill goes to another place.

Mr. WEBB

I think the hon. Member in charge of the Bill must consider a little, having said just now that the person adversely affected should get the notice, and that is the owner. I do not know whether the Mover of the Amendment meant that, but surely he must know that in a positive majority of the hereditaments that are rated, the owner, while he may actually pay the rate, gets it back, as a matter of fact, from the occupier, and surely, therefore, the occupier is equally adversely affected with the owner. In many cases, indeed, his rent actually depends on the amount of the rate. Here is a proposal that the rate may be reduced, and the occupier, according to the Bill, is to have notice of that reduction, but, according to the Amendment, the occupier is not to have notice. Assuming that the Government really wish to give notice to all the people adversely affected, it is easy, instead of accepting this Amendment, to leave in the words "occupier of the hereditament," and after them to insert the words "and the person liable to be rated." They are different people in positively a majority of oases, and surely, therefore, the obvious thing is to include both. That was actually the proposal, as I understood it, of the hon. Member

in charge of the Bill, because he said he wanted to give notice to the person adversely affected, yet, by accepting the Amendment, he is going to cut out the person adversely affected.

Colonel WEDGWOOD

Are we not going to have a reply?

Sir K. WOOD

I gave an undertaking to look into the matter.

Mr. ALEXANDER

Does that mean that the Parliamentary Secretary withdraws his acceptance of the Amendment? If not, we must go to a Division against it. We cannot leave it as it is.

Mr. CHAMBERLAIN

I venture to think it would be much better to accept the suggestion of my hon. Friend the Parliamentary Secretary. He has offered to have this matter further looked into. If the hon. Member inlands to go to a Division, we shall have to take the decision of the House, and that will be the end of it. Otherwise, we are quite ready to look into it.

Question put, "That the words proposed to be left out stand part of the Bill."

The House divided: Ayes, 119; Noes, 292.

Division No. 389] AYES. [9.54 p.m.
Adamson, Rt. Hon. W. (Fife, West) Greenall, T. Montague. Frederick
Adamson, W. M. (Staff., Cannock) Greenwood, A. (Nelson and Colne) Morrison, R. c. (Tottenham, N.)
Alexander, A. V. (Sheffield, Hillsbro') Grenfell, D. R. (Glamorgan) Naylor, T. E.
Attlee, Clement Richard Griffiths, T. (Monmouth, Pontypool) Oliver, George Harold
Baker, J. (Wolverhampton, Bilston) Groves, T. Palin, John Henry
Baker, Walter Grundy, T. W. Ponsonby, Arthur
Barker, G. (Monmouth, Abertillery) Guest, J. (York, Hemsworth) Potts, John S.
Barr, J. Guest, Dr. L. Haden (Southwark, N.) Richardson, R. (Houghton-le-Spring)
Batey, Joseph Hall, F. (York, W. R., Normanton) Riley, Ben
Beckett, John (Gateshead) Hall, G. H. (Merthyr Tydvil) Ritson, J.
Benn, Captain Wedgwood (Leith) Hamilton, Sir R. (Orkney & Shetland) Robinson, W. C. (Yorks, W. R., Elland)
Briant, Frank Hardie, George D. Salter, Dr. Alfred
Broad, F. A. Hartshorn, Rt. Hon. Vernon Scrymgeour, E.
Brown, James (Ayr and Bute) Hayday, Arthur Scurr, John
Buchanan, G. Hayes, John Henry Shaw, Rt. Hon. Thomas (Preston)
Cape, Thomas Henderson, Right Hon. A. (Burnley) Shiels, Dr. Drummond
Charleton, H. C. Henderson, T. (Glasgow) Short, Alfred (Wednesbury)
Clowes, S. Hirst, G. H. Sitch, Charles H.
Cluse, W. S. Hirst, W. (Bradford, South) Smillie, Robert
Compton, Joseph Hore-Belisha, Leslie Smith Ben (Bermondsey, Rotherhithe)
Connolly, M. Hudson, J. H. (Huddersfield) Smith, Rennie (Penistone)
Cove, W. G. Jenkins, W. (Glamorgan, Neath) Snell, Harry
Cowan, D. M. (Scottish Universities) John, William (Rhondda, West) Stephen, Campbell
Crawfurd, H. E. Jones, T. I. Mardy (Pontypridd) Taylor, R. A.
Dalton, Hugh Kelly, W. T. Thomson, Trevelyan (Middlesbro, W.)
Day, Colonel Harry Kennedy, T. Thorne, W. (West Ham, Plaistow)
Dennison, R. Lansbury, George Thurtle, E.
Duncan, C. Lawson, John James Tinker, John Joseph
Dunnico, H. Lee, F. Townend, A. E.
Edwards, C. (Monmouth, Bedwellty) Lindley, F. W. Trevelyan, Rt. Hon. C. P.
Fenby, T. D. Livingstone, A. M. Varley, Frank B.
Gibbins, Joseph Lowth, T. Viant, S. P.
Gillett, George M. Lunn, William Wallhead, Richard C.
Gosling, Harry Mackinder, W. Walsh. Rt. Hon. Stephen
Graham, D. M. (Lanark, Hamilton) Maclean, Nell (Glasgow, Govan) Warne, G. H.
Graham, Rt. Hon. Wm. (Edin., Cent.) March, S. Watson, W. M. (Dumfermline)
Watts-Morgan, Lt.-Col. D. (Rhondda) Wiggins, William Martin Young, Robert (Lancaster, Newton)
Webb, Rt. Hon. Sidney Williams, T. (York, Don Valley)
Wedgwood, Rt. Hon. Josiah Wilson, C. H. (Sheffield, Attercliffe) TELLERS FOR THE AYES.—
West wood, J. Wilson, R. J. (Jarrow) Mr. Allen Parkinson and Mr. A.
Whiteley, W. Windsor, Walter Barnes.
NOES.
Acland-Troyte, Lieut.-Colonel Doyle, Sir N. Grattan Inskip, Sir Thomas Walker H.
Agg-Gardner, Rt. Hon. Sir James T. Drewe, C. Jackson, Lieut.-Colonel Hon. F. S.
Albery, Irving James Duckworth, John Jackson, Sir H. (Wandsworth, Cen'l)
Alexander, E. E. (Leyton) Edmondson, Major A. J. Jacob, A. E.
Allan, J. Sandeman (L'pool, W. Derby) Edwards, John H. (Accrington) Jephcott, A. R.
Amery, Rt. Hon. Leopold C. M. S. Elliot, Captain Walter E. Jones, Henry Haydn (Merioneth)
Applin, Colonel R. V. K. Elveden, Viscount Kennedy, A. R. (Preston)
Apsley, Lord England, Colonel A. Kidd, J. (Linlithgow)
Atholl, Duchess of Erskine, Lord (Somerset, Weston-s.-M.) King, Captain Henry Douglas
Baldwin, Rt. Hon. Stanley Erskine, James Malcolm Monteith Kinloch-Cooke, Sir Clement
Balfour, George (Hampstead) Evans, Captain A. (Cardiff, South) Knox, Sir Alfred
Banks, Reginald Mitchell Everard, W. Lindsay Lamb, J. Q.
Barclay-Harvey, C. M. Fairfax, Captain J. G. Listor, Cunliffe, Rt. Hon. Sir Philip
Barnett, Major Sir Richard Falle, Sir Bertram G. Little, Dr. E. Graham
Beamish, Captain T. P. H. Fanshawe, Commander G. D. Lloyd, Cyril E. (Dudley)
Beckett, Sir Gervase (Leeds, N.) Fermoy, Lord Locker-Lampson, G. (Wood Green)
Benn, Sir A. S. (Plymouth, Drake) Fielden, E. B. Locker-Lampson, Com. O.(Handsw'th)
Bentinck, Lord Henry Cavendish- Finburgh, S. Loder, J. de V.
Betterton, Henry B. Fleming, D. P. Looker, Herbert William
Bird, E. R. (Yorks, W. R., Skipton) Forestier-Walker, Sir L. Lord, Walter Greaves-
Bird, Sir R. B. (Wolverhampton, W.) Forrest, W. Lougher, L.
Blades, Sir George Rowland Foster, Sir Harry S. Lucas-Tooth, Sir Hugh Vera
Blundell, F. N. Foxcroft, Captain C. T. Luce, Major-Gen. Sir Richard Harman
Bourne, Captain Robert Croft Frece, Sir Walter de Lynn, Sir R. J.
Bowater, Sir T. Vansittart Gadie, Lieut.-Col. Anthony Mac Andrew, Charles Glen
Bowyer, Captain G. E. W. Galbraith, J. F. W. Macdonald, Capt. P. D. (I. of W.)
Boyd-Carpenter, Major A. Ganzoni, Sir John McDonnell, Colonel Hon. Angus
Brass, Captain W. Gates, Percy Macintyre, Ian
Brassey, Sir Leonard Gault, Lieut.-Col. Andrew Hamilton McLean, Major A.
Bridgeman, Rt. Hon. William Clive Gee, Captain R. Macmillan, Captain H.
Briscoe, Richard George Gibbs, Col. Rt. Hon. George Abraham Macnaghten, Hon. Sir Malcolm
Brocklebank, C. E. R. Gilmour, Lt.-Col. Rt. Hon. Sir John McNeill, Rt. Hon. Ronald John
Brooke, Brigadier-General C. R. I. Goff, Sir Park Macquisten, F. A.
Broun-Lindsay, Major H. Grace, John Maitland, Sir Arthur D. Steel-
Brown, Col. D. C. (N'th'l'd., Hexham) Grant, J. A. Malone, Major P. B.
Brown, Brig.-Gen. H. C.(Berks, Newb'y) Greene, W. P. Crawford Manningham-Buller, Sir Mervyn
Buckingham, Sir H. Gretton, Colonel John Margesson, Captain D.
Bull, Rt. Hon. Sir William James Grotrian, H. Brent Meller, R. J.
Bullock, Captain M. Hacking, Captain Douglas H. Merriman, F. B.
Burgoyne, Lieut.-Colonel Sir Alan Hall, Lieut. Col. Sir F. (Dulwich) Milne, J. S. Wardlaw-
Burman, J. B. Hall, Vice-Admiral Sir R. (Eastbourne) Mitchell. S. (Lanark, Lanark)
Butler, Sir Geoffrey Hall, Capt. W. O'A. (Brecon & Rad.) Mitchell, Sir W. Lane (Streatham)
Butt, Sir Alfred Hammersley, S. S. Monsell, Eyres, Com. Rt. Hon. B. M.
Cadogan, Major Hon. Edward Hanbury, C. Moore, Lieut.-Colonel T. C. R. (Ayr)
Caine, Gordon Hall Hannon, Patrick Joseph Henry Moore, Sir Newton J.
Campbell, E. T. Harland, A. Moore-Brabazon, Lieut.-Col. J. T. C.
Cassels, J. D. Harmsworth, Hon. E. C. (Kent) Moreing, Captain A. H.
Cautley, Sir Henry S. Harrison, G. J. C. Morrison, H. (Wilts, Salisbury)
Cazalet, Captain Victor A. Hartington, Marquess of Murchison, C. K.
Cecil, Rt. Hon. Sir Evelyn (Aston) Harvey, G. (Lambeth, Kennington) Neville, R. J.
Chadwick, Sir Robert Burton Harvey, Major S. E. (Devon, Totnes) Newman, Sir R. H. S. D. L. (Exeter)
Chamberlain, Rt. Hon. N. (Ladywood) Haslam, Henry C. Newton, Sir D. G. C. (Cambridge)
Christie, J. A. Hawke, John Anthony Nicholson, O. (Westminster)
Churchman, Sir Arthur C. Headlam, Lieut.-Colonel C. M. Nield, Rt. Hon. Sir Herbert
Clarry, Reginald George Henderson, Lieut.-Col. V. L. (Bootle) Nuttall, Ellis
Clayton, G. C. Heneage, Lieut.-Colonel Arthur P. Oakley, T.
Cobb, Sir Cyril Henn, Sir Sydney H. O'Connor, T. J. (Bedford, Luton)
Cochrane, Commander Hon. A. D. Hennessy, Major J. R. G. O'Neill, Major Rt. Hon. Hugh
Cockerill, Brigadier-General G. K. Herbert, Dennis (Hertford, Watford) Oman, Sir Charles William C.
Colfox, Major Wm. Phillips Herbert, S. (York, N.R., Scar. & Wh'by) Owen, Major G.
Conway, Sir W. Martin Hilton, Cecil Pease, William Edwin
Cope, Major William Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. Pennefather, Sir John
Couper, J. B. Hogg, Rt. Hon. Sir D.(St. Marylebone) Penny, Frederick George
Courtauld, Major J. S. Holland, Sir Arthur Percy, Lord Eustace (Hastings)
Craik, Rt. Hon. Sir Henry Holt, Captain H. P. Perkins, Colonel E. K.
Crook, C. W. Homan, C. W. J. Perring, William George
Crooke, J. Smedley (Deritend) Hope, Capt. A. O. J. (Warw'k, Nun.) Peto, Basil E. (Devon, Barnstaple)
Crookshank, Cpt. H. (Lindsey, Gainsbro) Hopkins, J. W. W. Peto, G. (Somerset, Frome)
Curtis-Bennett, Sir Henry Hopkinson, A. (Lancaster, Mossley) Pielou, D. P.
Curzon, Captain Viscount Howard, Captain Hon. Donald Pilcher, G.
Davidson, J.(Hertf'd, Hemel Hempst'd) Hudson, Capt. A. U. M. (Hackney, N.) Pilditch, Sir Philip
Davidson, Major-General Sir J. H. Hudson, R. S. (Cumberland, Whiteh'n) Pownall, Lieut.-Colonel Assheton
Davies, Dr. Vernon Hume, Sir G. H. Preston, William
Dean, Arthur Wellesley Hurst, Gerald B. Price, Major C. W. M.
Dixey, A. C. Hutchison, G. A. Clark (Midl'n & P'bl's) Radford, E. A.
Raine, W. Shepperson, E. W. Warner, Brigadier-General W. W.
Rawson, Alfred Cooper Skelton, A. N. Waterhouse, Captain Charles
Rees, Sir Beddoe Smith, R.W. (Aberd'n & Kinc'dine, C.) Watson, Rt. Hon. W. (Carlisle)
Reid, Capt. A. S. C. (Warrington) Smith-Carington, Neville W. Watts, Dr. T.
Remer, J. R. Somerville, A. A. (Windsor) Wells, S. R.
Remnant, Sir James Spender Clay, Colonel H. Wheler, Major Sir Granville C. H.
Rhys, Hon. C. A. U. Stanley, Hon. O. F. G. (Westm'eland) White, Lieut.-Colonel G. Dairymple
Rice, Sir Frederick Steel, Major Samuel Strang Wilson. R R. (Stafford, Lichfield)
Roberts, E. H. G. (Flint) Storry Deans, R. Winby, Colonel L. P.
Roberts, Samuel (Hereford, Hereford) Stott, Lieut.-Colonel W. H. Windsor-Clive, Lieut.-Colonel George
Ruggles-Brise, Major E. A. Stuart, Crichton-, Lord C. Winterton, Rt. Hon. Earl
Russell, Alexander West (Tynemouth) Stuart, Hon. J. (Moray and Nairn) Wise, Sir Fredric
Rye, F. G. Sueter, Rear-Admiral Murray Fraser Wolmer, Viscount
Salmon, Major I. Sugden, Sir Wilfrid Womersley, W. J.
Samuel, A, M. (Surrey, Farnham) Sykes, Major-Gen. Sir Frederick H. Wood, B. C. (Somerset, Bridgwater)
Samuel, Samuel (W'dsworth, Putney) Thompson, Luke (Sunderland) Wood, E.(Chest'r, Stalyb'dge & Hyde)
Sandeman, A. Stewart Thomson, F. C. (Aberdeen, South) Wood, Sir H. K. (Woolwich, West)
Sanders, Sir Robert A. Thomson, Rt. Hon. Sir W. Mitchell- Woodcock, Colonel H. C.
Sanderson, Sir Frank Tinne, J. A. Yerburgh, Major Robert D. T.
Sandon, Lord Tryon, Rt. Hon. George Clement
Sassoon, Sir Philip Albert Gustave D. Vaughan-Morgan, Cot. K. P. TELLERS FOR THE NOES.—
Savery, S. S. Waddington, R. Major Sir Harry Barnston and
Shaw, Capt. W. W. (Wilts, Westb'y) Wallace, Captain D. E. Major Hennessy.
Sheffield, Sir Berkeley Ward, Lt.-Col. A. L. (Kingston-on-Hull)

Proposed words there inserted in the Bill.

Mr. SANDEMAN ALLEN

I beg to move, in page 6, line 40, at the end, to insert the words (3) This Section shall come into operation on the appointed day, This is merely a drafting Amendment to make clear that the Section shall come into operation on the appointed day.

Sir WILFRID SUGDEN

I bog to second the Amendment.

Colonel WEDGWOOD

This Sub-section now seems to be scattered all over the Bill. Clause after Clause contains the words "This Section shall come into operation on the appointed day." If it be desirable that this should appear at the end of each Clause, could we not take it as read in subsequent Clauses instead of having it moved on each occasion? I do think that this new feature in our legislation ought to have some foreword from the Minister in charge.

Amendment agreed to.