HL Deb 21 October 1975 vol 364 cc1410-2WA
Lord STANLEY of ALDERLEY

asked Her Majesty's Government:

Whether they will exercise their authority under Section 97(1) of the Local Government Act 1972 and (a) allow farmers, farm workers, owners of agricultural tied cottages and their respective wives who are councillors to take part in and vote on any discussion that their council has on the Government Consultative Document Abolition of the Tied Cottage System in Agriculture, and (b) whether it is in the interests of the inhabitants of the area that the disability (to vote and discuss the above mentioned document) should be removed as stated in Section 94 of the Act.

Baroness BIRK

My right honourable friends the Secretary of State for the Environment and the Secretary of State for Wales have issued dispensations—or will be issuing such dispensations—in all cases where applications have been made to them, so as to allow members of local authorities to take part in discussions on the Consultative Document referred to by the noble Lord. I should like to make it clear that my right honourable friends have no power to decide whether or not a member of a local authority has a pecuniary interest in any particular matter coming up for consideration; that is a matter to be settled by the councillor himself. But when requested to remove a disability arising under the Statute, my right honourable friends deal with such applications in accordance with principles which are now well established and have been followed by successive Governments. Briefly, dispensation to speak on an issue is freely given, but dispensation to vote is given only where at least half the council or committee are disabled or where disabilities would otherwise upset the elected party balance on the council or committee.