HC Deb 19 July 1971 vol 821 cc1027-8
25. Mr. Fred Evans

asked the Secretary of State for Wales if he will issue a circular to local authorities in Wales listing the powers under which they are entitled to use rate income for the provision of free milk in primary schools.

Mr. Gibson-Watt

No. The Government's policy in relation to the provision of milk in schools has been fully explained by my right hon. Friend the Secretary of State for Education and Science in the debates on the Education (Milk) Bill.

Mr. Evans

Is the hon. Gentleman aware that the Under-Secretary of State pointed out that there is no provision in the Education (Milk) Bill which affects the provision—Section 6(1)—of the Local Government (Financial Provisions) Act, 1963, which allows an authority to incur expenditure in the interests of its area or of the inhabitants of its area—the so-called penny rate? Will the hon. Gentleman now make clear to Welsh authorities whether if they continue to supply free milk it does or does not come within the ambit of the Local Government (Financial Provisions) Act, 1963?

Mr. Gibson-Watt

It is for the local authority in any particular case to decide in the first instance whether it has powers to proceed in this way. My right hon. and learned Friend is not empowered to interpret the Statute any more than I am.

Mr. Probert

What duties will head teachers and teachers be called upon to undertake if the Education (Milk) Bill becomes law in October? If they have none and authorities employ ancillary workers, and as there is no Money Resolution to the Bill, will local authorities be acting illegally?

Mr. Gibson-Watt

The hon. Gentleman was a member of the Committee which sat upstairs discussing this matter. He will realise that this matter was considered in very great depth.

Mr. Probert

On a point of order, Mr. Speaker. May I point out, in clarification of the hon. Gentleman's statement, that I was not a member of that Committee?

Mr. Gibson-Watt

I had in mind another Committee which sits upstairs and which we all know and of which the hon. Gentleman is Chairman. Therefore, I apologise to him for making that mistake. Local education authorities will be advised in due course by circular on the implementation of the arrangements for school milk.