PUBLICITY IN CONNECTION WITH PREPARATION OF STRUCTURE PLAN (Hansard, 11 June 1969)

§ Mr. Wylie
I beg to move Amendment No. 2, in page 4, line 14, at beginning insert: Without prejudice to regulations made under section 13(1) of this Act.

§ Mr. Deputy Speaker (Mr. Harry Gourlay)
I suggest that it would be convenient for the House to discuss, at the same time, Amendment No. 16 in Clause 13, page 12, line 23, after 'the', insert: 'powers conferred on him by the'.

§ Mr. Wylie
This is a short, drafting Amendment which was referred to in a somewhat different form in Committee when it was pointed out that the provisions of Clause 13 had to be married up with the provisions of Clause 3. The right hon. Member for Edinburgh, East (Mr. Willis) raised the matter initially.
Clause 3(1) provides that 1558 … the local planning authority shall take such steps as will in their opinion secure— (a) that adequate publicity is given…". Clause 13(1), on the other hand, provides that Without prejudice to the foregoing provisions … the Secretary of State may make regulations with respect to the form and content of structure and local plans … and … any such regulations may— (a) provide for the publicity to be given…". The right hon. Member for Edinburgh, East wondered in Committee how these two provisions matched up with each other and, later, the Minister of State described the two Clauses as "co-equals." The matter was rather left in the air, and it is now time to decide the best course to take.
As I read the two provisions, it appears that a duty is imposed under Clause 3(1) on the local authority to satisfy itself that the publicity is adequate. However, that is, in Clause 13, without prejudice to any regulations made by virtue 1559 of the powers in Clause 13 relating to publicity. The requirements set out in the regulations will have to be complied with. However, notwithstanding those requirements, the local planning authority will still have to satisfy itself that the publicity is adequate.
My initial feeling was that the two Clauses were reconcilable. It was only when I listened to the remarks of the right hon. Member for Edinburgh, East that I got worried about the position. The matter would be marginally clearer if the Amendment were incorporated in the Bill because, appearing in Clause 3, it would direct the reader's attention to Clause 13, which in turn refers the reader back to Clause 3. While my hon. Friends and I would not seek to press the Amendment, I trust that the Minister will give it close consideration.

§ Mr. Willis
My Amendment, No. 16, seeks to do very much the same as Amendment No. 2. I raised this matter in Committee because I was not satisfied that the position was sufficiently clear, particularly about where the discretion lay or whose discretion was being circumscribed. I have tabled my Amendment to Clause 13 rather than to Clause 3, although I suggest that both Amendments would have the same effect.

§ Dr. Dickson Mabon
indicated dissent.

§ Mr. Willis
I have not studied the matter with precision and I admit to being an amateur in drafting matters. However, I am always willing to learn. In any event, my Amendment seems to conform with the art of the draftsman rather more than does Amendment No. 2. My proposal would clear up the matter simply and clearly and I hope that my hon. Friend will accept it.

§ Dr. Dickson Mabon
The hon. and learned Member for Edinburgh, Pent-lands (Mr. Wylie) and my right hon. Friend the Member for Edinburgh, East (Mr. Willis) will recall that the nub of the matter with which we are concerned is the apparent conflict between the Secretary of State's powers of regulation under Clause 13 and the local planning authority's discretion plus the Secretary of State's decision about its performance under Clause 3. We need a clear statement that the Secretary of State's regulations 1560 under Clause 13 do not prejudice his powers under Clause 3, which are powers to decide on the local authority's performance.
8.30 p.m.
Amendment No. 2 adds nothing to what is already in the Bill. It is already the case that local authority actions under Clause 3 could not prejudice the Secretary of State's regulations made under Clause 13. I am glad that the hon. and learned Gentleman agrees with me. On the other hand, Amendment No. 16 would clarify beyond doubt that this apparent conflict is not a real conflict. I therefore suggest that that Amendment be made in due course, but that Amendment No. 2 should not be pursued. I ant very grateful to my right hon. Friend for pointing out this matter, and to the hon. and learned Gentleman for his agreement that there was some doubt and that it should be looked at further.

§ Mr. Wylie
I readily accept what the Minister of State has said. The two Clauses can stand then on their own and it is not really necessary to amend them, but doubts were raised. However, in view of what the hon. Gentleman has said, I beg to ask leave to withdraw the Amendment.