Clause 7. —(ENFORCEMENT OF ACT BY LOCAL AUTHORITIES.) (Hansard, 1 April 1960)

§ Mr. J. Harvey
I beg to move, in page 4, line 19, after "(b)", to insert "in England and Wales".

§ Mr. Deputy-Speaker
This Amendment goes with the following one, in line 24, leave out subsection (3).

§ Mr. Harvey
Yes, Mr. Deputy-Speaker; the two go together. The intention is to meet the wishes of our Scottish friends. Representations were made to me by the Association of County Councils in Scotland, which took the view that the power of Scottish local authorities to prosecute as at present provided for in the Clause should be removed. The reason, apparently, is that in Scotland there is a system of public prosecution whereby prosecution by public prosecutor acting in the public interest is the normal procedure. Local authorities do not have the power to prosecute unless this power is specifically conferred on them by Statute.
I understand that there are precedents in comparable legislation for local authorities in Scotland having power to prosecute. Indeed, the Clause as drafted follows the precedent of the most closely parallel legislation, the Shops Act, 1950, and the Factories Act, 1937. In both those Acts, power to prosecute was conferred on Scottish local authorities.
The Association of County Councils in Scotland has made it quite clear in a number of letters to me that it does not want this power under the Bill. The Association believes it to be unnecessary for the purposes of the Bill and I understand that it would be considered to be embarrassing in cases where, perhaps, a county council might have to prosecute other local authorities with offices in its area. Apart altogether from that, as a matter of policy the Association prefers not to depart from the general principle of public prosecution in Scotland.
I understand that, fallowing those original representations, the Association 1739 has been in touch with other comparable organisations, so that the Convention of Royal Burghs in Scotland has agreed with the view of the Association of County Councils. While the comments of the third Scottish local authority association involved have, I gather, not yet been received, it seems fairly clear that it will in the main meet the wishes of Scottish local government if we accept these Amendments today and do not give these powers to local authorities in Scotland. Since I see no purpose in this House trying to confer on local government powers that it does not want, I recommend that the Amendments be accepted.