HC Deb 05 May 1936 vol 311 cc1510-2
26. Mr. BUCHANAN

asked the Secretary of State for Scotland the number of authorities operating the Court of Session decision given in the case of the Aberdeen public assistance committee regarding exemption of £1 per week disability pension; if he is aware that the Glasgow Corporation are operating this decision in a way contrary to the Act of Parliament; whether he will inform the corporation that, while the subject is under appeal to the House of Lords, they should not operate such decision; and will he take steps to see that the Act of Parliament in its intention is carried out either by administration or fresh legislation?

Sir G. COLLINS

Local authorities are not required to inform me of the details of their administrative practice, and I regret that I am not in a position to supply the information asked for in the first part of the question. With regard to the second part, I am informed that Glasgow Corporation are dealing with new applicants in accordance with the decision of the Court of Session. In regard to the remaining parts, that decision, so long as it stands, represents the law on the subject, and I have no power to instruct local authorities to ignore the decision. Pending the result of the appeal to the House of Lords which, I understand, will be heard at an early date, I am unable to make any statement as to what action, if any, may be necessary.

Mr. BUCHANAN

In view of the fact that Parliament did mean that the first £1 should be exempt, and that that is the law in England, will the right hon. Gentleman write to the Glasgow Corporation asking them to carry out the law as it was intended that it should be carried out?

Sir G. COLLINS

The Glasgow Corporation in this matter must administer the Statute as interpreted by the Court of Law, and they have no authority, and indeed they would be acting illegally, to deal otherwise with this matter. I would remind the hon. Gentleman that we are dealing only with new cases.

Mr. BUCHANAN

Is the right hon. Gentleman aware that a previous Government in similar circumstances intimated to the local authority that this was the intention of the law and that it should be carried out, and that if they carried out the intention subsequent steps should be taken to indemnify them; and will he not take a similar decision in a case of this character?

Sir G. COLLINS

I will look into the matter again, but I am informed that they have no power to go beyond or behind the decision as interpreted in the Courts of Law.

Mr. BUCHANAN

To-night, if possible, I will call attention to this matter on the Adjournment.