HC Deb 27 November 1911 vol 32 cc9-10
Mr. SANDERS

asked whether Lord Carrington was advised by the Law Officers of the Crown that, under the terms of the Small Holdings Acts, it was illegal for county councils to pay out of the rates the sinking fund charges on loans obtained for the purchase of small holdings?

Mr. RUNCIMAN

As it is unusual to make public the terms of opinions given by the Law Officers of the Crown to the Government, I am unable to answer the hon. Gentleman's question. I may say, however, that the varied policy pursued on this subject is receiving my careful consideration.

Mr. SANDERS

May I ask the right hon. Gentleman if he can give an undertaking that members of county councils who adopt this course will not be surcharged by the Government auditors?

Mr. RUNCIMAN

I think an announcement was made three years ago.

Mr. SANDERS

asked whether the Board has sanctioned schemes submitted by certain counties under the Small Holdings Acts for the purchase of lands for small holdings in which the sinking fund on the loans is charged to the rates; what those counties are; under what Act of Parliament has the Board acted in authorising a charge on the rates which they are advised is illegal; and whether he will consider the propriety of obtaining a decision of the Law Courts that will settle this matter once for all?

Mr. RUNCIMAN

The Board have confirmed schemes in the circumstances set out in the first part of the question which have been submitted to them by the County Councils of Glamorganshire, Cardiganshire, and the West Riding. The Board decided not to withhold their confirmation in view of the divergence of legal opinion on the question at issue. The confirmation of a scheme under Section 5 of the Small Holdings and Allotments Act, 1908, does not affect any question that may be raised as to the legality of the course adopted by the county councils in question. The Board are not in a position to institute proceedings to test the question.

Mr. MORRELL

Are the Board taking any steps to obtain uniformity in practice?

Mr. RUNCIMAN

I said that the whole matter is receiving my consideration now. I only received within the last few weeks full information on the subject.