HC Deb 23 January 1978 vol 942 cc957-60
15. Mr. Wigley

asked the Secretary of State for Industry if he will list those powers he possesses under the Industry Act 1975 which have not yet been used.

Mr. Cryer

Since the answer is lengthy, will, with permission, circulate the information in the Official Report.

Mr. Wigley

I thank the Minister for that reply—which gives me little material for a supplementary question. May I ask whether he can give any indication of those areas in which powers are not being used and say why this is so? In particular, has the failure to use the powers been due to a lack of finance? Is he satisfied with the powers that exist for the setting up of public sector ventures or joint ventures on a 50–50 basis?

Mr. Cryer

The reasons for the nonuse are twofold. The first is that some of the powers are of a comparatively trivial nature—for example, the power to vary by direction the accounting year of the NEB. Secondly, they may relate to matters considered during the passage of the Bill as being important, reserved matters—for example, the question of ownership by foreign enterprises of British firms which might involve some strategic or other relevant factor. A combination of these two aspects is responsible for the situation. The amount of money which has been advanced to the NEB, in the face of opposition from the Conservatives, has been considerable, but there is always room for improvement. The NEB has been not unsuccessful in making the sort of investment envisaged for it.

Mr. Rooker

Will my hon. Friend assure the House that among the reasons why these powers have not been used there is not a reason to the effect that the Minister does not agree with his having the power in the first place?

Mr. Cryer

No.

Following is the information:

POWERS OF THE SECRETARY OF STATE UNDER THE INDUSTRY ACT 1975, NOT USED AS AT 16TH JANUARY 1978

Section 3—(16): power to pay the NEB's administrative expenses under this section.

Section 8—(2): power to raise the NEB's financial limit under Section 8(1).

Section 9—(7): power by direction to relieve the NEB or any of its subsidiaries from the duty under subsections (5) and (6) to dispose of interests in the share capital of a company which carries on a business of publishing newspapers, magazines or other periodicals for sale to the public in the United Kingdom.

Section 13: power to make prohibition and vesting orders and (Section 16(1), (3) and (4)) powers incidental and consequent on the making of a vesting order.

Section 19—(3): power to make certain provisions in compensation orders.

Section 19—(4): power to determine the form of compensation.

Section 21: power to pay regional development grant and assistance under Part II of the Industry Act 1972 at certain rates to planning agreement companies.

Section 28—(1): power to serve a preliminary notice putting into motion the system of disclosure of information by companies provided for in Part IV of the Act.

Section 28—(4): power by order to declare that that system applies to a given company.

Section 30—(1): power by notice to require a given company to provide to the Secretary of State information concerning it.

Section 3—(1): power provisionally to require a company to give information concerning it to an authorised representative of a relevant trade union.

Section 32—(3): power to refer to an advisory committee any proposal that information concerning it given by a company to the Secretary of State should not be given to a relevant trade union.

Section 32—(8) and (13): power, where there has been a reference to an advisory committee, to make a final decision as to the provision of information to a relevant trade union, either in accordance with or contrary to that committee's advice.

Section 32—(10): power to order that a provisional notice under Section 31(1) is to be treated as containing the Secretary of State's final decision as to the giving of information specified in it to a relevant trade union, where there has been no reference to an advisory committee.

Section 37—(2): power by direction to vary the NEB's accounting year.

Schedule 1

Paragraph 6: power to declare a member's office vacant.

Paragraph 9: power with the like approval to direct the NEB to pay a prescribed sum by way of compensation for loss of office to designated members.

Schedule 3

Paragraph 4—(6): power to appoint the lay members of the tribunal which arbitrates disputes relating to vesting and compensation orders.

Paragraph 12: power to determine the remuneration of members and officers of the tribunal, and of any person to whom the tribunal refer any question for expert advice.

Schedule 6

Paragraph 1: power, with the consent of -the Ministry of Agriculture, Fisheries and Food, to draw up and revise panels of persons who may constitute an advisory committee for the purpose of the information disclosure provisions of Part IV of the Act.

Paragraph 7: power to determine the fees of members of advisory committees, and of any experts called in aid by such a committee.

Paragraph 9: power to make regulations as to the procedure for reference to an advisory committee.