HC Deb 05 December 1946 vol 431 c490
14. Mr. Turner-Samuels

asked the Minister of Health whether he proposes to introduce legislation to modify the disability under Section 76 (1) of the Local Government Act, 1933, whereby members of local authorities are prohibited from discussing or voting on any questions such as housing, education or the like by reason only of being a council tenant or having a child at a council school, which affects the general interests of the ratepayers or inhabitants of the area, so as to give such members the same rights as the Section confers in the case of any service within the meaning of the Act of 1933.

Mr. Bevan

I am advised that the prohibition is not so wide as is suggested by my hon. and learned Friend, and I would refer him to the proviso to Section 76 (1) of the Act. Where a disability does arise, I am empowered in certain circumstances set out in the section to remove it.

Mr. Turner-Samuels

Is it not a fact that a large number of local government electors are constantly being disfranchised by preventing their representatives speaking and voting on the very matters on which they were elected?

Mr. Bevan

But it is also very desirable that members of local authorities in voting upon certain matters should, be entirely above suspicion.

Mr. Tiffany

Has the Minister examined this matter from the point of view of its effect upon Co-operative members?

Mr. Bevan

Yes, Sir. I have already examined that. I have certain powers but I also have judicial obligations, and I must carry out the intention of Parliament.

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