HC Deb 11 July 1956 vol 556 cc545-6

Motion made, and Question proposed, That the Clause stand part of the Bill.

Mr. Willis

We should like to have an explanation of the Clause. Up to now the Minister has not done very well. He has stuck very closely to his brief, for which I cannot blame him, since the Bill is otherwise difficult to justify. Clause 9 states that Section eight of the principal Act (which enables the Secretary of State to declare a person's claim to a pension under that Act forfeited for his failure to accept or perform the duties of a Governor) shall cease to have effect. I should have thought that if a person fails to accept or to perform the duties of a Governor, there is some justification for the Secretary of State's claiming that the person's pension shall be forfeited. What are the circumstances in which this might apply? Suppose a Governor failed to perform his duties and came under the eye of the Secretary of State on account of some undesirable practice. Would the Secretary of State have power to say that his pension was forfeit? What does it mean? Why is the Secretary of State's power being removed?

10.45 p.m.

Mr. Emrys Hughes

We ought to be given a fuller explanation of the provision. Has there been any example in history where a Governor has been—if I may be excused for using such an awful word—sacked? If a Governor has been sacked for some justifiable reason, why are we now taking steps to repeal what seems to be a very sensible precaution?

Mr. Hare

I can assure both hon. Gentlemen that my right hon. Friend will retain all his powers over pensions despite the fact that the Clause repeals Section 8 of the Pensions (Governors of Dominions, &c.) Act, 1911. My right hon. Friend has power to refuse to grant a pension irrespective of Section 8, and, as far as I know, that Section has not been applied within living memory. That explains why the Clause is so framed.

The actual granting of a pension under other Sections of the Pensions (Governors of Dominions, &c.) Acts is permissive, and my right hon. Friend has the right to decide whether or not a pension can be granted. This power applies in every case.

Clause ordered to stand part of the Bill.

Clauses 10 to 15 ordered to stand part of the Bill.