HC Deb 05 December 1950 vol 482 c187
26. Sir David Robertson

asked the Secretary of State for Scotland what action he proposes to take in view of the fact that Section 47 (2) of the Housing (Scotland) Act, 1935, was broken by Caithness County Council when they recently allocated a council house in Halkirk to a single man instead of to one of the other 16 applicants, all of whom have families, and who are occupying insanitary and overcrowded houses.

Mr. McNeil

I have nothing to add to the answer which I gave to the hon. Member about this case on 19th September.

Sir D. Robertson

Does that mean that the law of Scotland is no longer upheld by the Secretary of State or by the Lord Advocate to whom I addressed this question? Does the Secretary of State suggest that the poor victims of this council should take action to enforce the law?

Mr. McNeil

The hon. Gentleman is making a mistake, of course, in assuming that the law has been broken. It is an assumption which is unwarranted. As to the redress that remains to his constituents who are offended by this action, there are other means than that of prosecution.

Mr. Marlowe

In view of the fact that this Question contains an allegation of a breach of the Statute by the local authority, will the right hon. Gentleman submit the facts to the Lord Advocate for an opinion as to what proceedings, if any, should be taken against the local authority?

Mr. McNeil

I naturally carry the Law Officers with me in such a subject as this. The facts have been current for a long time. The essential fact is that the hon. Gentleman opposite has got himself into a mess with his local authority and that he is trying to engage us to pull him out.

Sir D. Robertson

On a point of order. In view of the neglect of responsibility and of his duty by the Secretary of State for Scotland, I give notice that I shall raise the matter on the Adjournment.

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