HC Deb 03 August 1966 vol 733 cc641-2

Lords Amendment: In page 47, line 16, at end insert new Clause "B": (1) The appropriate Minister may, after consultation with any harbour authority appearing to him to be concerned, by order repeal or amend any provision contained in a local Act passed before or in the same Session as this Act or in a provisional order confirmed or made before this Act, where it appears to him that the provision is inconsistent with, or has become unnecessary in consequence of, any provision of Part I or II of this Act. (2) An order under this section may contain such transitional, supplemental or incidental provisions as appear to the appropriate Minister to be expedient. (3) In this section 'appropriate Minister' means, in relation to an order containing repeals or amendments consequential on a provision of Part I of this Act, the Minister of Transport and, in relation to an order containing repeals or amendments consequential on a provision of Part II of this Act, the Minister of Labour.

11.45 p.m.

Mr. Swingler

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

The purpose of the new Clause is to enable the appropriate Minister—my right hen. Friend the Minister of Transport or the Minister of Labour—after consulting any harbour authority, to repeal or amend by order any provision in a local statute which, it appears to him, is inconsistent with or has become unnecessary in consequence of any provision in Parts I or II of the Bill.

Mr. Ridley

I am grateful to the Joint Parliamentary Secretary for his brief explanation of the new Clause. It seems to me that he has finally, although rather unwittingly, met the objection which, both in Committee and on Report, was pressed by hon. Members from this side to ensure that local Acts and former Private Acts would not be paramount as against the Bill. We had several debates, which at one moment became quite heated. Will the hon. Gentleman confirm that although his intention with the new Clause is, I know, to meet a different point, he has rather unwittingly met my point that where there is a conflict, the Bill will override any local Act?

I know that the power is given to the Minister in the new Clause only to say that a local Act is overridden, but this puts the burden fairly upon the Minister in administering the Bill, when it becomes an Act, to agree and to declare by order that local Acts are repealed or amended as necessary with regard to the point which I made at each stage of the Bill, which still remains valid and which I do not believe the Minister has met. Will the Parliamentary Secretary confirm that the new Clause at least gives the Minister power to do as we sought: that is, to overrule the overriding power of local Acts concerning the future composition of harbour authorities?

Mr. Swingler

I do not know what on earth the hon. Member is talking about. In Committee, we made it plain that the provisions of the Bill would be paramount. The new Clause is inserted to make it clear that the Minister has power to amend or repeal any local statutes which are inconsistent with Parts I or II of the Bill. This was always the intention and nothing has been done unwittingly. The power is reserved simply in connection with the application of Parts I and II of the Bill. It should be plain that this is necessary for clarification.

Mr. Ridley

Why has the hon. Gentleman omitted Part III, which, we believe, should be subject to this power?

Mr. Swingler

Because it is unnecessary since, in our diagnosis, no such inconsistency will arise. The result of our researches of local statutes is that inconsistencies will arise only between local statutes and Parts I and II of the Bill. We are therefore making it plain that the Minister has the power only in relation to those objects.

Question put and agreed to.

Remaining Lords Amendments agreed to.