HC Deb 19 July 1961 vol 644 cc1286-7

Lords Amendment: In page 11, line 3, leave out "not exceed" and insert "be".

Mr. Brooke

I beg to move, That this House doth agree with the Lords in the said Amendment.

I suggest that we take also the Lords Amendment in line 43, leave out from "person" to "and" in line 44 and insert "who in pursuance of section eleven of the Act of 1925 is rated or has undertaken to pay or collect the rates in respect of the hereditament)".

These are purely drafting Amendments.

Mr. Mitchison

But are they? I wonder why. I thought that this was a change affecting the 10 per cent. that is allowed for the collection of rates. In Committee it was provided that it should not exceed 10 per cent. Now the 10 per cent. will be fixed. This removes a discretion which previously rested with the local authorities, and until the right hon. Gentleman assured us that these were purely drafting Amendments I had intended to ask whether the local authority associations had been consulted. Will the right hon. Gentleman explain to me how I am wrong or what "drafting" is?

5.30 p.m.

Mr. Graham Page

This was certainly not a drafting Amendment. It arose from an Amendment put forward in Committee from this side of the House. It is an Amendment to which we gave very great thought, and we considered it was of considerable importance. I am grateful to my right hon. Friend for seeing that it comes into the Bill at this stage.

Mr. Brooke

The hon. and learned Member for Kettering (Mr. Mitchison) had overlooked, as perhaps I had overlooked, that subsection (1, a) of Section 11 of the 1925 Act fixes the allowance at 10 per cent. The words "not exceed" might, therefore, be somewhat misleading, and if there is an allowance at all it must be under the 1925 Act 10 per cent. It seemed, therefore, better to make it clear on the face of the Bill.

Mr. Mitchison

With the leave of the House, may I thank the right hon. Gentleman and tell him that all the same I think it goes a bit further than drafting?

Question put and agreed to. [Special Entry.]

Subsequent Lords Amendment agreed to.