HC Deb 18 October 1932 vol 269 cc5-9
Mr. T, WILLIAMS

(by Private Notice) asked the Minister of Labour whether he will state the reasons for appointing an officer to supersede the Rotherham Public Assistance Committee in the administration of the means test, and whether he contemplates taking similar action in any other district?

Mr. THORNE

(by Private Notice) asked the Minister of Labour if he will state, with regard to the communications he has received from the public assistance committees protesting against the operation of the means test, in what cases Commissioners have been appointed to supersede public assistance com- mittees, and if he can state what further action he intends taking in the matter?

The MINISTER of LABOUR (Sir Henry Betterton)

I have appointed a Commissioner to administer the transitional payments scheme at Rotherham. The reasons for the exercise of my powers were stated in a letter addressed to the Town Clerk on 28th September, of which I am circulating a copy in the OFFICIAL REPORT. I should add that the action taken by the Durham Public Assistance Committee, confirmed by the Durham County Council, leaves me with no alternative but to appoint a Commissioner to administer the transitional payments scheme in that area as soon as the necessary arrangements can be made.

Following is the letter: Sir,—I am directed by the Minister of Labour to inform you that he has again had under examination the administration of transitional payments by the Public Assistance Committee of Rotherham. Your Council will remember that following upon reports that disclosed serious breaches of the law in the administration of transitional payments by the Public Assistance Committee, and after repeated discussions between the Committee and the Inspectors of the Ministry of Health and Officers of this Department, the Minister informed your Council on the 17th June that in his opinion they were not efficiently carrying out the duties imposed on them by the Order in Council and that he was therefore compelled to exercise the powers conferred upon him by Article 7 of the Order and to appoint a person to exercise and perform in the County Borough of Rotherham the powers and duties hitherto devolving on your Council under the Order. Your Council thereupon, requested the Minister to give them a further opportunity of bringing their administration into conformity with the law and, on the 30th June, they passed a resolution directing the Public Assistance Committee to determine applications for transitional payments in general conformity with the Order in Council and, in consultation; with the General Inspector of the Ministry of Health, to prepare a scale to give effect to this direction. On the understanding that your Council would, without delay, draw up rules for the administration of public assistance to able-bodied persons and their dependants in the County Borough of Rotherham to which the administration of public assistance must conform, and including a scale governing the amount of relief to be given in any case in which relief may be granted, the Minister agreed, on the 6th July, to suspend further action, pointing out to your Council that under Article 1 (iv) of the Order the rules and the scale adopted by the Council must be applied to the administration of transitional payments. On the 2nd August, you informed the Minister that rules had been drawn up for public assistance and were being applied to applications for transitional payments and that the existing determinations were being reviewed in accordance therewith. On the 16th September, the Minister had submitted to him a report of the General Inspector on the administration by your Public Assistance Committee, which makes it clear that the rules were not in fact being applied to transitional payments. The Minister regards the resolution passed by your Council, and transmitted to him in your letter dated the 24th September, as indicating that your Council do not intend to secure the proper observance of the law by the Committee. In these circumstances, as your Council and the Public Assistance Committee are not efficiently carrying out their duties, the Minister has no option but to put into operation the decision conveyed to you on the 17th June and, in virtue of his powers under Article 7 of the Order in Council, he has appointed Mr. Kenneth George Holland to exercise and perform in the County Borough of Rotherham, as from Thursday, 13th October, the powers and duties hitherto devolving upon your Council and the Public Assistance Committee under the Order.

I am, Sir,

Your obedient Servant,

(Signed) W. EADY.

The Town Clerk,

County Borough of Rotherham,

Municipal Offices, Rotherham.

Mr. WILLIAMS

May I ask the right hon. Gentleman whether any calculation has been made as to what the net saving will be, when the Commissioner's salary has been met and the necessary administration takes place?

Sir H. BETTERTON

No, Sir. What I am concerned with is to see that the law is properly administered.

Mr. WILLIAMS

Have any special instructions been given to the Commissioner that were hitherto withheld from the public assistance committee?

Sir H. BETTERTON

No, Sir, not at all. The Commissioner is in exactly the same position as the public assistance committee. I have no power to give him instructions, and I have given him none.

Mr. LAWSON

Is the right hon. Gentleman aware that members of his own patty in Durham have stated that the Durham Public Assistance Committee has administered the means test in harmony with the spirit of the Minister's addresses, and his speeches here?

Sir H. BETTERTON

If that is so, no doubt the Commissioner will carry out the same policy.

Mr. LAWSON

If the public assistance committee has carried out the law in that spirit, why has the Minister appointed a commissioner?

Sir H. BETTERTON

I have appointed a commissioner because the public assistance committee, for reasons best known to themselves, declined to carry out the duties.

Mr. THORNE

Is it not the fact that the reason why commissioners are being appointed is to impose harsher conditions upon the people?

Sir H. BETTERTON

No, Sir.

Mr. BUCHANAN

Can the Minister state to whom the Commissioner is responsible in carrying out the means test, if he is not responsible to the local authority?

Sir H. BETTERTON

The Commissioner is in exactly the same position as the public assistance committee, and, so long as he carries out.his duties in accordance with the law, I have nothing further to say in the matter. Should he, like the public assistance committee, decline to carry out the law, then, of course, he is answerable to me.

Mr. BUCHANAN

Seeing that the local authorities are responsible to the ratepayers, might I ask whether the Commissioner will also be responsible to the local ratepayers in the same way? Will the right hon. Gentleman state whether, if, in his judgment, the Commissioner exercises too stringent economy he will take action to have him removed?

Sir H. BETTERTON

If the action of the Commissioner is not in accordance with the law which he has to administer, then he will be answerable to me.

Mr. MAXTON

In what sense does the Minister mean?

Mr. LAWSON

Is the Minister aware that the Durham Public Assistance Committee have carried on for 12 months and are still prepared to carry on interpreting the law; and that there is a con- siderable difference of opinion up and down the country as to the law on this matter?

Sir H. BETTERTON

It is because there is a difference of opinion between the Public Assistance Committee of Durham and myself as to what the law i3 that this difficulty has arisen.

Mr. LAWSON

Does not that difference of interpretation prevail, and has there not been continual doubt on this matter in public assistance committees since the question arose?

Sir H. BETTERTON

It is perfectly true that some public assistance committees appear to have had doubt as to what their duties are and what is the law. With the exception of those which I have mentioned in my answer, I am glad to say that no cases have arisen where it has been necessary to take action.

Mr. WILLIAMS

Are there any cases in which public assistance committees are considered to be administering the law too harshly and where he has threatened them with the appointment of commissioners?

Sir H. BETTERTON

Perhaps the hon. Member will put down a question.

Viscountess ASTOR

Will the Minister consider whether it is possible to get the services of the late Minister of Labour, because she knows a great deal about this question and has shown great courage?

Mr. BUCHANAN

She was too severe.

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