ADMINISTRATION OF TRUST (Hansard, 20 January 1971)

Mr. Edward Taylor

I beg to move Amendment No. 8, in page 5, line 8, leave out from 'payments' to 'they' in line 11 and insert: 'not exceeding limits to be determined from time to time by the Secretary of State from the funds of the Trusts to the members thereof in respect of any loss of earnings'. 1231 Once again I am in the position of paying tribute to the Opposition for the penetrating way in which they pursued our deliberations in Committee. This Amendment again follows a point raised by the right hon. Member for Kilmarnock (Mr. Ross). He raised an important point about the limitation of earnings in respect of loss of earnings. I told the Committee that while we would accept the Amendment proposed at that time for drafting purposes, we might wish to alter it.

As it stands, the Clause is somewhat awkwardly worded. The word "prescribed" could give rise to doubt because it usually, although not necessarily, refers to prescription by means of Regulations. The appropriate method of fixing such mandatory limits from time to time is by way of administrative determination by the Secretary of State as, for example, in Section 37 of the Health Services and Public Health Act, 1968, under which rates are determined for members of health service bodies.

The Amendment gives practical effect to the intention of the previous Amendment and goes a little further by extending the Secretary of State's powers of limitation to travelling and subsistence expenses as well as loss of earnings payments. I hope the Committee will accept the revised wording of the Amendment which was introduced in Committee by the Opposition.

§ Mr. Carmichael

This Amendment is an improvement to the Bill and we feel that in all such legislation, when public money is involved, it is right that the wording should be properly tightened up so that nobody is in doubt as to how payments will be decided. This is particularly important when considering funds to be administered in the hospital services. It is important that such funds should be guarded very closely. After all, people who do voluntary work in our society are given little in the way of allowances, and so on, and it as well that it is made clear that the provisions in regard to loss of earnings should be decided by the Secretary of State.

The Under-Secretary of State has provided exactly the right words to tighten up the payments, and in so doing has met the sentiments and intentions of the 1232 Opposition who moved such an Amendment in Committee.