Clause 2.—(PARTICULAR POWERS AND DUTIES OF THE COMMISSION.) (Hansard, 29 March 1955)

Mr. Suadden
I beg to move, in page 2, line 13, to leave out from " keep" to the end of line 19 and to insert: under general review all matters relating to crofts and crofting conditions, including, without prejudice to the foregoing generality, land 228 settlement, the improvement of land and livestock, the planting of trees, the supply of agricultural equipment and requisites, the marketing of agricultural produce, experimental work on crofting methods, the provision of demonstration crofts, the needs of the cofting communities for public services of all kinds, the provision of social amenities and the need for industries to provide supplementary occupations for crofters or work for their families; and to make such recommendations as they may think fit on any of the matters aforesaid. It will be recalled that the Opposition, in Committee, moved an Amendment to subsection (1) of Clause 2, which sets out the powers and duties of the Commission, adding the duty to make recommendations to the Secretary of State on all or any of 16 matters which were listed in a Schedule attached to the Amendment. The subjects covered in that Schedule were extensive and I do not think that the House would wish me to go over each item. We felt that the Clause as already amended met the intentions of the Opposition, but, in the light of very strong arguments, advanced from both sides of the Committee during our discussion, I undertook to reconsider whether it would be possible to meet the arguments that had been put forward.
The Amendment has given us considerable thought. At first, it seemed that it might be better to have a Schedule, but the later advice which I have received is that the best method is not to include a further Schedule, but that the more appropriate course is to put it in the Clause. In Committee, one hon. Member opposite used the expression " signpost " or " fingerpost," as pointing to something at the end of the Bill. We feel that it is much better to put these so-called teeth into the Bill in this Clause, which concerns the powers and duties of the Corn mission. We have done that and we indicate the matters which the Commission should keep under review and on which it should, as it thinks fit, make recommendations.
The Amendment substitutes a new paragraph (a) for the existing paragraphs (a) and (b). The new paragraph covers the matters which were included in the proposed Schedule so far as they are appropriate for consideration by the Crofters Commission. If the Amendment is examined, it will be found that in some cases we have, in fact, strengthened what was proposed in Committee. We have 229 not only covered the matters that were proposed for the Schedule, but we have added other things.

§ Mr. T. Fraser
We are indebted to the hon. Gentleman for the Amendment, which gives effect to a suggestion which we made in Committee. We put down an Amendment of a few words to the Clause and a Schedule at the end of the Bill. We are not ourselves competent to decide in which part of the Bill it is better to make the insertion. Before the Schedule appeared on the Order Paper originally, some of my hon. and hon. Friends had the whole thing written out for addition to the body of the Clause. Then we were advised that it would be tidier to do it in the form of a Schedule, so we did it in that way.
It matters little whether this provision is embodied in the Clause or is set out in a Schedule, with a signpost, to which the Joint Under-Secretary referred, in the Clause pointing to the Schedule. The important thing is that the Commission has now been given particular power in the Bill to do a lot of things which Parliament will be seen to have considered it desirable for the Commission to do.
It was at one time thought that the Commission could be trusted to do all those things without any signpost being put into the Bill. However, strong argument was advanced from both sides in favour of particularising many things upon which Parliament considered it necessary that the new Commission should focus attention. There might be argument whether, in some respects, the new proposals are stronger or less strong than the proposals contained in our Amendment in Committee, but, broadly speaking, the new Amendment does what the Opposition, in their Amendment, wanted.
It would be a waste of breath now to particularise too much and examine whether in relation to one service or another the hon. Gentleman's Amendment is stronger or less strong than our previous Amendment. I merely thank the Joint Under-Secretary for meeting us in the way he has done.

§ The Lord Advocate (Mr. W. R. Milligan)
I beg to move, in page 2, line 20, at the end, to insert " with any body or person."
230 In Committee an Amendment was moved proposing the addition of words to suggest certain peoples and bodies with whom collaboration might take place. I undertook to consider whether those words should be accepted or whether it might not be better to put in, as we now suggest, " with any body or person."