HC Deb 28 April 1978 vol 948 cc1926-7

Amendments made: No. 61, in page 12, line 24, leave out 'An order shall, unless previously revoked' and insert: 'Without prejudice to the power to make a further order and subject to the following paragraph, an order shall'.

No. 62, in page 12, line 29, leave out from 'by' to end of paragraph and insert: 'providing for it to be in force after the expiration of twelve months beginning with the date of the coming into force of the previous order'.

No. 64, in page 12, line 33 leave out from 'State' to end of paragraph and insert 'the risk of danger connected with the goods to which the order relates is such that the order must be made without delay'.

No. 65, in page 13, line 15 leave out 'dangerous' and insert 'not safe'.

No. 66, in line 19 leave out 'not dangerous' and insert 'safe'.

No. 67, in page 14, line 10 leave out 'not dangerous' and insert 'safe'.

No. 69, in line 35 leave out 'from' and insert 'connected with'.

No. 70, in line 41 leave out 'dangerous' and insert 'not safe'.

No. 71, in line 44 leave out 'not dangerous' and insert 'safe'.—[Mr. Trotter.]

3.45 p.m.

Mr. Tim Smith

I beg to move Amendment No. 72, in page 15, line 25, at end insert— '18A. All such representations made under this Schedule shall be in confidence.'. I do so formally.

Mr. John Fraser

May I ask the hon. Gentleman to withdraw his amendment? There is some substance in what he intends to achieve in the amendment. It is right that if a trader wants to make representations in confidence, he should be allowed to do so. There is a similar provision in the Price Commission Act, though it works the other way round. It is possible to ask for an open hearing, though no one has yet done so.

The drafting of the hon. Gentleman's amendment is deficient because the person to whom representations are made could not treat them totally in confidence. He would have to tell the Secretary of States otherwise there could be no decision. However, the principle is right. There should be a choice for the person involved and he should have a reasonable degree of confidence, apart from the disclosures that are essential to transmit the findings to the Secretary of State. I promise to consider the point raised by the hon. Gentleman and to look at the drafting in another place.

Mr. Tim Smith

I did not move Amendment No. 68, because I realised that the drafting was deficient. I accept what the Minister says about the deficiency in the drafting of Amendment No. 72, but I am grateful for the undertaking he gave. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: No. 73, in page 15, line 29 leave out 'not dangerous' and insert 'safe'.

No. 74, in page 16, line 33 leave out 'dangerous' and insert 'not safe'.

No. 75, in page 16, line 36 leave out 'not dangerous' and insert 'safe'.

No. 76, in page 17, line 8 leave out from '21' to end of line 9 and insert 'the words "or vary" and the words from "or, as" onwards were omitted'.—[Mr. Trotter.]

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