HC Deb 30 March 1955 vol 539 cc437-41
Mr. Key

I beg to move, in page 3, line 19, to leave out " subsection (2) of."

I hope that we are about to reach a little calmer and perhaps a more cooperative atmosphere than we have so far experienced. The Amendment amalgamates three Amendments that were considered in the Standing Committee. Those the Minister viewed with favour and said he was prepared to accept their principle if the wording was made appropriate to the Bill. I understand that the Minister is fully satisfied with the present wording and, from that point of view, is prepared to accept it. There seems, therefore, very little point in my making any lengthy speech, particularly as I suppose there will be no Press to report it tomorrow morning.

The Clause as it stands does not leave any discretion to the local authority. It makes it necessary for the local authority, when facing difficulties in dealing with this problem, to consult the Minister on each and every individual case. For instance, if the local authority, for purposes of derequisitioning houses in its area, wishes to transfer a licensee from one requisitioned house to another, it cannot, under the Bill, do so without making specific application to the Minister. The Amendment would allow the local authority to make such a transfer.

6.30 p.m.

Again, if a local authority wishes to deal with a licensee who is in arrears with his rent, and gives that licensee notice to quit, as is quite normal, then, as the Clause stands, the local authority would not be able to retain possession of the dwelling if, at the end of a period of a few weeks, the licensee had paid his rent, because the licence would have come to an end.

Perhaps the most important example relates to relatives of licensees. As the Clause stands at the moment, if a licensee dies the members of his family are not able to continue occupation unless the local authority makes a special request to the Minister. In the next Amendment, in page 3, line 32, by which we seek to add three new subsections, discretionary power is given to local authorities in such cases. If these Amendments are accepted, they will assist in getting rid of these problems concerning requisitioned property.

Mr. Sandys

As the right hon. Gentleman has said, this is an Amendment the text of which has been agreed. It has met points on which I gave assurances, and I would, therefore, recommend its acceptance.

Amendment agreed to.

Further Amendment made: In page 3, line 32, leave out from beginning to unless " in line 34 and insert:

  1. (3) Without prejudice to the last foregoing subsection, the right of a local authority to retain possession of a dwelling shall not be terminated under this section if within the said period a fresh licence for the occupation of the dwelling is granted by the authority—
    1. (a) to the former licensee of the dwelling, in order to provide for a variation in the terms of the former licence;
    2. (b) in the case of his death, to a statutory successor of his; or
    3. (c) in pursuance of arrangements for an exchange of accommodation between the licensee and another person being the licensee or tenant of any other dwelling in the possession of or belonging to the local authority;
  2. (4) Where a licence for the occupation of a requisitioned dwelling is terminated by the local authority o has been so terminated before the commencement of this Act—
    1. (a) for the purpose of carrying out repairs to the dwelling; or
    2. (b) on the ground of non-payment of rent by the licensee,
    then (notwithstanding the foregoing provisions of this section) the right of the local authority to retain possession of the dwelling shall not be terminated under this section if within a period of three months beginning with the date of the termination of the licence a fresh licence for the occupation of the dwelling is granted by the authority to the last previous licensee of the dwelling; and in such cases there shall be substituted a period of three months for the period mentioned in subsection (1).
  3. (5) After the date mentioned in subsection (1) of this section, the local authority shall not 440 permit any person to enter into occupation of the dwelling (except in pursuance of such a licence as is mentioned in subsection (3) or (4) of this section).—[Mr. Key.]

Mr. Sandys

I beg to move, in page 3, line 43, at the end, to insert: (7) If in the case of any local authority it appears to the Minister that it is necessary so to do in order to ensure that alternative accommodation is reserved for any persons who may be displaced by virtue of section five or section six of this Act, he may give directions requiring that authority to retain possession of any requisitioned dwellings, notwithstanding anything in subsection (1) of this section, until such time as he may authorise their release; and in any such case, subsection (3) of this section shall not apply in relation to the occupation of the dwellings in pursuance of licences granted to persons displaced as aforesaid.

This is an Amendment to which I have already referred in the course of the debate earlier today. It enables the Minister to ensure that local authorities maintain a certain pool of requisitioned houses as they become vacant, instead of releasing them, as they might otherwise do, either by their own decision or under the release Clause, so as to make quite sure that there are vacant premises available to accommodate people who may be displaced as a result of a decision of the court under Clause 5. I think I have fully explained the purpose of the Amendment in Committee, and it is moved to meet wishes expressed at that time.

Mr. Mitchison

I do not think my hon. Friends will be anything but glad to accept the Amendment, but I should like to find out just what it means. The reason I ask is this. The Minister made some observations about the Money Resolution which led me to wonder what the word " retain " means. That is the word which caused so much trouble, not only to my ignorant though supposedly learned self, but also to people who know a great deal more about Money Resolutions than I do. Does " retain " mean " retain after 31st March, 1960 "?

Mr. Sandys indicated dissent.

Mr. Mitchison

The Minister shakes his head, but is he certain that he is right? Clause I (2) begins by saying: Subject to the provisions of this Part of this Act,…. and those words appear to govern the whole matter. Accordingly, it seems to me that when that has been said, and we then say that possession may be retained, and no time-limit is imposed, there is no reason why there should not be retention—and, indeed, I hope that there will be—beyond 31st March, 1960.

A similar point arises in connection with quite a number of Amendments, and I tell the right hon. Gentleman outright that what he said about the Money Resolution makes me more doubtful whether he is right in saying that " retain possession " can only mean retaining possession until that date.

Mr. Sandys

I am assured that this Clause does not give power to extend retention beyond 1960. I am perfectly confident that it does not but, since the hon. and learned Gentleman, with his legal knowledge and experience, raises a doubt about this, I will certainly look into it. If there should be any difficulty on that point, I shall see that it is clarified in another place in the sense that I have indicated—that is to say, that it is not intended to provide for any retention beyond 1960.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.