HC Deb 19 July 1955 vol 544 cc196-7
35. Mr. D. Howell

asked the Minister of Housing and Local Government if he has considered the case of Stevens versus Birmingham Corporation, heard at Birmingham Assizes on 1st April, 1954; if he has considered the statement of the judge in giving judgment for the defendants regarding the desirability of making an ex gratia payment; and, as such payments are ultra vires, whether he will consider introducing legislation to give local authorities more discretion in such matters.

Mr. Sandys

I have sympathy with the victim in this case; but in view of the difficult issues of law and policy which it raises, the hon. Member should not assume that it will necessarily be possible to introduce legislation on the lines proposed.

Mr. Howell

Is the right hon. Gentleman aware that this, again, is causing considerable difficulty to local authorities? Is he aware that in this case the bus driver was convicted of careless driving, and that Birmingham Corporation therefore feels that it has a very strong moral obligation, such as that which it had, for example, when it went to Mablethorpe? Is the Minister aware that that was a similar case where thousands of pounds were spent by a local authority without, as far as I can see, any Statute allowing it to do so? Nevertheless, we did it. [HON. MEMBERS: "Speech."] Is the Minister aware that the present law needs drastic revision, and will he not consult the local authority associations to this end?

Mr. Sandys

As I said, this raises very much wider issues of policy, but it is because of the special circumstances of this case that in my earlier reply I expressed my sympathy with the victim.

Mr. Mitchison

Is the right hon. Gentleman prepared to introduce some legislation to give local authorities discretionary power to make payments in cases where any decent person would want to make them and where the local authority itself wants to make them?

Mr. Sandys

The hon. and learned Gentleman merely repeated the point in the Question. I am aware of the issue and I am looking at it, but it is by no means easy because it raises very much wider issues than those raised in this case.

Mr. Howell

On a point of order. May give notice that I shall raise this matter on the Adjournment?