HC Deb 22 March 1956 vol 550 cc1483-6
The Parliamentary Secretary to the Ministry of Education (Mr. Dennis Vosper)

I beg to move, in page 10, line 18, at the end to insert: (a) any subsequent annual allowance shall be in substitution for any annual allowance previously granted to the teacher, and the amount of any such subsequent allowance, exclusive of any increase by virtue of any election under Section ten of this Act, shall be not less than the amount of the allowance previously granted, exclusive of any such increase.

The Chairman

I think it would be convenient if, with this Amendment, we also discussed the Amendments, in page 10, line 23, to leave out paragraph (b) and insert: (b) no subsequent annual allowance or additional allowance shall be granted unless the teacher has been employed in contributory service for a period of, or for periods amounting in the aggregate to, at least twelve months since the last previous grant of such an allowance. and in line 36, at the end insert: (3) For the purposes of paragraph (b) of the proviso to subsection (1) of this section so far as it relates to annual allowances, any employment before the commencement of this Act which would have been contributory service if Section six of this Act had been in force shall be treated as contributory service. (4) Section seven of the Teachers (Superannuation) Act, 1945 (which provides that a subsequent annual allowance shall be of an amount not less than that of an annual allowance previously granted), is hereby repealed.

Mr. Vosper

Yes, Sir Charles.

The first and third of the Amendments arise as a result of the proposed New Clause dealing with the re-employment of teachers. As it now becomes possible for a re-employed teacher to earn part or the whole of his pension it is necessary to include a reference to pensions in this Clause. That is covered by the first of these three Amendments. The first Amendment also re-enacts a provision in the 1945 Act which ensures that a reemployed teacher cannot draw a smaller pension than that which he originally drew.

The second Amendment is purely verbal, putting the existing paragraph (b) in better words; and the third Amendment safeguards the rights of certain teachers over the age of 65 who are reemployed. This point was covered by an earlier enactment but, for easier understanding, it was put into this Clause.

Mr. George Thomas (Cardiff, West)

I merely want to make sure that I heard the Parliamentary Secretary correctly. Did he say that no one would have a lower pension because he went back to work? If that guarantee can be given I shall be perfectly satisfied.

Mr. Vosper

That is no new provision; it was originally contained in Section 7 of the 1945 Act, which is being repealed, and reintroduced in this Clause.

4.15 p.m.

Mr. M. Stewart

I think that the Committee will agree that these are somewhat complicated Amendments. I was hoping that the Parliamentary Secretary or his right hon. Friend would be willing to read to us the Clause as it will stand after all these Amendments are made. This is a case where we want to see the picture as a whole. Perhaps the hon. Member would be willing to do as I ask.

Secondly, I wonder if he can refresh our memories upon one point? By the third of these Amendments, Section 7 of the 1945 Act is repealed, but by the first of the Amendments the substance of that Section is re-enacted. This may be a point which I should have remembered from the Committee stage, but it appears to have escaped my memory, and it may also have escaped the memories of other hon. Members. I am not clear why we are repealing Section 7 of the 1945 Act and re-enacting the substance of it in an Amendment which is made to the same Clause.

Thirdly, I see that we are adding two paragraphs—(a) and (b)—to the Clause. The present paragraph (b) is to disappear. In the amended Clause, therefore, there will presumably be three paragraphs—(a) and (b), which are the first and second Amendments, and the present paragraph (a) which, I presume, will become paragraph (c). Are we right therefore, in concluding that there will be three paragraphs in future? Can the hon. Gentleman tell us why we are repealing and re-enacting Section 7 of the 1945 Act, and will the hon. Gentleman read us the text of the Clause as it will stand when the Amendments are made?

Mr. Vosper

I agree with the hon. Member for Fulham, West (Mr. M. Stewart) about the complexity of the Clause as amended. Section 7 of the 1945 Act is being repealed because we are replacing Section 6 of the 1925 Act by the proposed new Clause dealing with the reemployment of teachers. It becomes necessary to repeal Section 7 of the 1945 Act and to re-enact it in this particular form. This point was not dealt with in the Standing Committee, but I understand that that is the reason for the Amendment.

The hon. Member is quite correct about the number of paragraphs. There will now be three paragraphs, or provisos. I understand that the order in which they will be printed is a matter for consideration after the Report stage, but I think that the first proviso will be that which deals with annual allowances; the second, that which deals with the lump sum and short-service gratuity—the original paragraph (a); and the third, that which deals with the twelve months' period, which is being re-enacted in more suitable words.

I will willingly read the operative part of the amended Clause, which consists of the three provisos. It will now read: Provided that—

  1. (a) any subsequent annual allowance shall be in substitution for any annual allowance previously granted to the teacher, and the amount of any such subsequent allowance, exclusive of any increase by virtue of any election under section ten of this Act, shall be not less than the amount of the allowance previously granted, exclusive of any such increase;
  2. (b) there shall be deducted from the amount of any subsequent additional allowance or short service gratuity the amount of any additional allowance or short service gratuity previously granted to the teacher;
  3. (c) no subsequent annual allowance or additional allowance shall be granted unless the teacher has been employed in contributory service for a period of, or for periods amounting in the aggregate to, at least twelve months since the last previous grant of such an allowance."
I should add that the Clause will be further complicated by further Amendments which will be moved at a subsequent stage.

Amendment agreed to.

Further Amendments made: In page 10, line 23, leave out paragraph (b) and insert: (b) no subsequent annual allowance or additional allowance shall be granted unless the teacher has been employed in contributory service for a period of, or for periods amounting in the aggregate to, at least twelve months since the last previous grant of such an allowance. In line 36, at end insert: (3) For the purposes of paragraph (b) of the proviso to subsection (1) of this section so far as it relates to annual allowances, any employment before the commencement of this Act which would have been contributory service if section six of this Act had been in force shall be treated as contributory service. (4) Section seven of the Teachers (Superannuation) Act, 1945 (which provides that a subsequent annual allowance shall be of an amount not less than that of an annual allowance previously granted), is hereby repealed.—[Mr. Vosper.]

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