HC Deb 26 April 1978 vol 948 cc1565-7

Amendment made: No. 39, in page 10, line 5, leave out from beginning to 'pass' in line 10 and insert: 'that conditions in an area within the designated district which is or, if developed in accordance with the development plan, would be a predominantly industrial area could be improved by the exercise of the powers conferred by section 3 or (Grants for converting or improving buildings) above, the authority may, after consulting the other designated district authority'.—[Mr. Guy Barnett.]

Mr. Guy Barnett

I beg to move Amendment No. 40, in page 10, line 34, after '(1)', insert'(a)'.

Mr. Deputy Sneaker

With this we may take Government Amendment No. 41.

Mr. Barnett

This is a minor improvement to the schedule. We think it right that if the Secretary of State should wish to cancel the declaration of industrial improvement area after it has come into operation he should have to give a period of notice. Thus the amendments make a distinction between the timing of the effect of a notification under subparagraph 2(1)(a) of the schedule and of a notification under subparagraph 2(1)(b). Where a notification that an area is not to be an IIA is sent after the IIA has come into operation it cannot have effect for at least six months. This gives time for the IIA to be wound up, and although I cannot envisage that the Secretary of State would exercise this power on many occasions it seems reasonable to provide for this period during which any outstanding applications for grants or loans can be dealt with.

Mr. Geoffrey Finsberg

This brings us back to a point that I made earlier this evening about the Secretary of State making one of these orders. I asked in Committee—and I repeat my question tonight—whether, if the Secretary of State was going to revoke an order that had been made with the concurrence or consent of an elected body, namely, a local council, he would at least say that that decision would be taken by a Minister and not by one of his civil servants.

In Committee I instanced the discussions that we had had on the Coal Bill, where one received an indication that in certain cases it would be a ministerial decision. This matter is perhaps even more serious, because the Minister has said that he thinks it advisable to change the wording in the schedule to provide for six months' notice. I do not ask the Minister to give an undertaking, but I ask him to consider that where such a serious step as this is being taken which requires six months' notice, the decision should be taken by a Minister and not by a civil servant.

Mr. Guy Barnett

I think that I shall have to disappoint the hon. Gentleman because, although I said earlier that it might be rare for a Minister to revoke an industrial improvement area, if an industrial improvement area works it will, presumably, at some stage cease to need to be an industrial improvement area, and therefore, presumably, the time will come for it to be wound up anyway. I can imagine many occasions on which that might be a routine decision.

On the other hand there could, I suppose, be occasions when a revocation could take place unexpectedly. I think that in those circumstances I should be prepared to see what might be done within the Department to ensure that at least Ministers took cognisance of what was to be done, but I cannot give a precise assurance about the workings within the Department.

I said earlier, and I repeat, that as the Minister is answerable for decisions that are taken in these cases, officials will make the decisions on the basis of broadly laid down policies by Ministers.

Amendment agreed to.

Amendments made: No. 41, in page 10, line 35, at end insert— '(2A) A notification under sub-paragraph (1) (b) above shall specify the date on which it is to take effect, and that date shall not be earlier than the end of the period of six months beginning with the sending of the notification.'.

No. 42, in page 11, line 25, after '3' insert or (Grants for converting or improving buildings)'.—[Mr. Guy Burnett.]

Bill read the Third time and passed.

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