ORDERS AND FEES (Hansard, 30 April 1975)

§ Mr. Graham Page

I beg to move Amendment No. 51, in page 8, line 31, at end insert: '(5) Any order made under subsection (1) above may make different provisions in relation to different societies or local authorities or different classes of societies or local authorities'. It will be necessary for these provisions to be flexible to enable the Secretary of State to make the requisite orders. There may be some desire to alter the figure with regard to smaller authorities, but not in regard to larger authorities or vice versa. He might be satisfied that the limits on lotteries run by parish councils or community councils were enough, but greater limits could be given to lotteries run by counties and districts.

As I read the Bill, it would not be possible for the Secretary of State to alter the figures as they apply to a society or to the classes of local authorities in the Bill. He can increase the figures but not change their application If I am right in interpreting the Bill in that way, the amendment would be beneficial to the Secretary of State in making orders. The power will not be man-certainly be a useful power in the Secredatory on him, but permissive. It will tary of State's hands when making orders.

§ Dr. Summerskill

This amendment would enable the Secretary of State by order under Clause 11(1) to alter monetary figures and limits in the Bill in such a way as to make different provisions for different societies or local authorities or different classes of societies or local authorities. But it is an essential feature of the Bill that the same monetary limits should apply to all societies and local authorities and that there should be no discrimination as between societies as a category and local authorities as a category. There seems no convincing reason why some societies should be subject to different limits from those applying to other societies. It is fundamental to the Bill that local authorities should be allowed to promote lotteries only within the same limits as are societies.

679 In any case, if any system of discrimination is to be introduced as between some authorities and others, or as between some societies and others, that must surely be a matter which ought to be dealt with by Parliament. It cannot be left to be dealt with by subordinate legislation, without any indication as to the basis upon which the power to discriminate is to be exercised.