HC Deb 26 January 1987 vol 109 cc149-54

Consultation

1.—(1) Sub-paragraphs (2) and (3) below apply as regards the Rate Support Grant Report for England for the year beginning in 1987 and the Rate Support Grant Report for Wales for that year.

(2) If the Secretary of State proposes to include in such a Report any specification under section 1(6), 2(4) or 3(1), (7) or (8) of this Act in respect of that year, section 60(5) of the 1980 Act shall not require consultation to be made (as regards that Report) as to any matter relating to such a specification.

(3) The requirements of section 60(5) of the 1980 Act may be satisfied (as regards such a Report) by consultation before the passing of this Act.

(4) Sub-paragraphs (5) and (6) below apply as regards—

  1. (a) the first supplementary report proposed to be made after the passing of this Act for England for the year beginning in 1985,
  2. (b) the first supplementary report proposed to be so made for England for the year beginning in 1986, and
  3. (c) the first supplementary report proposed to be made for Wales for the year beginning in 1986.

(5) If the Secretary of State proposes to include in such a report any specification under section 1(6), 2(4) or 3(1), (7) or (8) of this Act in respect of the year concerned, section 60(5) of the 1980 Act (as applied by section 61(2)) shall not require consultation to be made (as regards that report) as to any matter relating to such a specification.

(6) The requirements of section 60(5) of the 1980 Act (as applied by section 61(2)) may be satisfied (as regards such a report) by consultation before the passing of this Act.

(7) Sub-paragraphs (2) and (3) above also apply as regards any Report proposed to be made in substitution (directly or indirectly) for any Report mentioned in sub-paragraph (1) above.

Sub-paragraphs (5) and (6) above also apply as regards any report proposed to be made in substitution (directly or indirectly) for—

  1. (a) the first supplementary report made after the passing of this Act for England for the year beginning in 1985,
  2. (b) the first supplementary report so made for England for the year beginning in 1986, or
  3. (c) the first supplementary report so made for Wales for the year beginning in 1986.

(9) In a case where sub-paragraph (2) or (5) above applies, section 9(4) of this Act shall not apply in relation to the exercise of the power to specify.

Certain matters to he disregarded

2.—(1) In making any determination or doing any other thing (other than making an excepted specification) after the passing of this Act for the purposes of any relevant report, the Secretary of State shall leave out of account information and representations received by him on or after the relevant date.

(2) Part VI of the 1980 Act shall have effect subject to this paragraph.

(3) In this paragraph "relevant report" means any report as regards which paragraph 1(2) and (3) above or 1(5) and (6) above apply.

(4) In this paragraph "the relevant date" means 20th December 1986 in the case of

  1. (a) the Rate Support Grant Report for England for the year beginning in 1987.
  2. (b) any Report proposed to be made in substitution (directly or indirectly) for the Report mentioned in paragraph (a) above.
  3. (c) the report mentioned in paragraph 1(4)(b) above, or
  4. (d) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(b) above.

(5) In this paragraph "the relevant date" means 11th December 1986 in the case of—

(a) the report mentioned in paragraph 1(4)(b) above, or

(b) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(a) above.

(6) In this paragraph "the relevant date" means 4th December 1986 in the case of—

  1. (a) the Rate Support Grant Report for Wales for the year beginning in 1987,
  2. (b) any Report proposed to be made in substitution (directly or indirectly) for the Report mentioned in paragraph (a) above,
  3. (c) the report mentioned in paragraph 1(4)(c) above, or
  4. (d) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(c) above.

(7) In this paragraph "an excepted specification" means a specification made under section 1(6), 2(4) or 3(1), (7) or (8) of this Act.

Submissions as to total expenditure

3.—(1) Sub-paragraph (2) below applies where before the relevant date a local authority submitted to the Secretary of State an amount which it estimates as its total expenditure in relation to any relevant year.

(2) In doing any of the acts mentioned in sub-paragraph (3) below the Secretary of State shall treat the a mount submitted as the amount of the authority's total expenditure in relation to the year.

(3) The acts are—

  1. (a) making any determination or doing any other thing after the passing of this Act for the pruposes of any relevant report, and
  2. (b) making under section 66(1) of the 1980 Act the first estimate and notification to be made after the passing of this Act as regards the authority concerned for the year for which the amount was submitted.

(4) Part VI of the 1980 Act shall have effect subject to this paragraph.

(5) For the purposes of sub-paragraph (2) above—

  1. (a) if the authority and the Secretary of State agreed before the relevant date an amount to replace any amount submitted, the amount submitted shall he taken to be the amount agreed, and
  2. (b) subject to paragraph (a) above, if more than one amount was submitted before the relevant date, the amount submitted shall be taken to be the latest to be so submitted.

(6) For the purposes of this paragraph years beginning in 1985 and 1986 are relevant years as regards England, and the year beginning in 1986 is a relevant year as regards Wales.

(7) In this paragraph "relevant report" means any report as regards which paragraph 1(5) and (6) above apply.

(8) In this paragraph "the relevant date" means—

  1. (a) 20th December 1986, in the case of an amount submitted by an English authority for the year beginning in 1986,
  2. 151
  3. (b) 11th December 1986, in the case of an amount submitted by an English authority for the year beginning in 1985, or
  4. (c) 4th December 1986, in the case of an amount submitted by a Welsh authority for the year beginning in 1986.

Teachers' remuneration

4.—(1) In making any determination or doing any other thing after the passing of this Act for the purposes of any Report as regards which paragraph 1(2) and (3) above apply, the Secretary of State shall leave out of account the matters mentioned in sub-paragraph (2) below.

(2) The matters are scales and allowances which relate to the remuneration of school teachers and provide for remuneration greater than the aggregate of—

  1. (a) the remuneration in payment on 19th December 1986, and
  2. (b)3.75 per cent. of the remuneration mentioned in paragraph (a) above (3.75 per cent. being the approximate increase in the GDP deflator for 1987–88, as predicted in the Autumn Statement 1986 presented to Parliament by the Chancellor of the Exchequer in November 1986).

(3) In making any determination or doing any other thing after the passing of this Act for the purposes of—

  1. (a) the report mentioned in paragraph 1(4)(b) above or that mentioned in paragraph 1(4)(c) above, or
  2. (b) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(b) above or that mentioned in paragraph 1(8)(c) above,
the Secretary of State shall leave out of account the matters mentioned in sub-paragraph (4) below.

(4) The matters are scales and allowances which relate to the remuneration of school-teachers and provide for remuneration greater than the remuneration in payment on 19th December 1986.

(5) Part VI of the 1980 Act and paragraph 3 above shall have effect subject to this paragraph.

(6) In this paragraph "school-teacher" means—

  1. (a) a teacher in a primary or secondary school maintained by a local education authority, or
  2. (b) a person employed by a local education authority as a teacher in the provision of primary or secondary education, other than a person employed as a teacher in an establishment maintained by a local authority in the exercise of a social services.'.—[Neubert]

Brought up, read the First and Second time, and added to the Bill.

Bill reported, with amendments; as amended, considered.

Question proposed, That the Bill be now read the Third time:—

12.3 am

Mr. Allan Roberts

On a point of order, Mr. Deputy Speaker. In Committee, amendment No. 189 was moved and put to a vote. Both the movers of the amendment probably either voted against the amendment or abstained. That kind of precedent is unusual and would have been debated on Report. However, we have been denied a Report stage. Will it be possible to ensure that the other place debates that amendment and the significance of hon. Members tabling amendments and then voting against them, so that Halifax and Batley and Spen can know what is happening?

Mr. Deputy Speaker (Mr. Ernest Armstrong)

There was nothing out of order in the proceedings.

Question put:—

The House divided: Ayes 233, Noes 165.

Division No. 74] [12.05 am
AYES
Aitken, Jonathan Hamilton, Neil (Tatton)
Alexander, Richard Hannam,John
Alison, Rt Hon Michael Harris, David
Amess, David Hayes, J.
Ancram, Michael Heathcoat-Amory, David
Arnold, Tom Hicks, Robert
Ashby, David Higgins, Rt Hon Terence L.
Atkinson, David (B'm'th E) Holland, Sir Philip (Gedling)
Baker, Nicholas (Dorset N) Howarth, Alan (Stratf'd-on-A)
Batiste, Spencer Howarth, Gerald (Cannock)
Bellingham, Henry Howell, Ralph (Norfolk, N)
Bendall, Vivian Jackson, Robert
Benyon, William Knowles, Michael
Best, Keith Knox, David
Biffen, Rt Hon John Lamont, Rt Hon Norman
Biggs-Davison, Sir John Latham, Michael
Blackburn, John Lawler, Geoffrey
Body, Sir Richard Lawrence, Ivan
Bonsor, Sir Nicholas Leigh, Edward (Gainsbor'gh)
Boscawen, Hon Robert Lennox-Boyd, Hon Mark
Bottom ley, Peter Lester, Jim
Bottomley, Mrs Virginia Lilley, Peter
Bowden, A. (Brighton K'to'n) Lloyd, Sir Ian (Havant)
Bowden, Gerald (Dulwich) Lloyd, Peter (Fareham)
Boyson, Dr Rhodes Lord, Michael
Brandon-Bravo, Martin Luce, Rt Hon Richard
Bright, Graham Lyell, Nicholas
Brinton, Tim McCrindle, Robert
Brittan, Rt Hon Leon McCurley, Mrs Anna
Brooke, Hon Peter Macfarlane, Neil
Brown, M. (Brigg & Cl'thpes) MacKay, Andrew (Berkshire)
Browne, John MacKay, John (Argyll & Bute)
Bruinvels, Peter Maclean, David John
Buck, Sir Antony McLoughlin, Patrick
Budgen, Nick McNair-Wilson, P. (New F'st)
Bulmer, Esmond McQuarrie, Albert
Burt, Alistair Madel, David
Butcher, John Major, John
Butterfill, John Malins, Humfrey
Carlisle, John (Luton N) Malone, Gerald
Carttiss, Michael Maples, John
Cash, William Marland, Paul
Chapman, Sydney Marlow, Antony
Chope, Christopher Marshall, Michael (Arundel)
Churchill, W. S. Mates, Michael
Clark, Dr Michael (Rochford) Mather, Sir Carol
Clark, Sir W. (Croydon S) Maxwell-Hyslop, Robin
Clarke, Rt Hon K. (Rushclifie) Mayhew, Sir Patrick
Cockeram, Eric Merchant, Piers
Colvin, Michael Meyer, Sir Anthony
Conway, Derek Miller, Hal (B'grove)
Coombs, Simon Mills, lain (Meriden)
Cope, John Miscampbell, Norman
Couchman, James Mitchell, David (Hants NW)
Cranborne, Viscount Moate, Roger
Crouch, David Monro, Sir Hector
Currie, Mrs Edwina Montgomery, Sir Fergus
Dickens, Geoffrey Morrison, Hon C. (Devizes)
Dicks, Terry Moynihan, Hon C.
Dorrell, Stephen Neale, Gerrard
Douglas-Hamilton, Lord J. Nelson, Anthony
Dover, Den Neubert, Michael
du Cann, Rt Hon Sir Edward Newton, Tony
Dunn, Robert Nicholls, Patrick
Durant, Tony Onslow, Cranley
Dykes, Hugh Oppenheim, Phillip
Eggar, Tim Ottaway, Richard
Evennett, David Page, Richard (Herts SW)
Forman, Nigel Patten, Christopher (Bath)
Forsyth, Michael (Stirling) Patten, J. (Oxf W & Abgdn)
Forth, Eric Pawsey, James
Fox, Sir Marcus Pollock, Alexander
Franks, Cecil Portillo, Michael
Garel-Jones, Tristan Powell, William (Corby)
Glyn, Dr Alan Powley, John
Gow, Ian Price, Sir David
Gower, Sir Raymond Proctor, K. Harvey
Griffiths, Sir Eldon Raffan, Keith
Raison, Rt Hon Timothy Taylor, Teddy (S'end E)
Rathbone, Tim Temple-Morris, Peter
Rhodes James, Robert Terlezki, Stefan
Rhys Williams, Sir Brandon Thatcher, Rt Hon Mrs M.
Ridley, Rt Hon Nicholas Thomas, Rt Hon Peter
Ridsdale, Sir Julian Thompson, Donald (Calder V)
Roberts, Wyn (Conwy) Thornton, Malcolm
Robinson, Mark (N'port W) Thurnham, Peter
Roe, Mrs Marion Townend, John (Bridlington)
Rost, Peter Trippier, David
Rowe, Andrew Trotter, Neville
Rumbold, Mrs Angela Twinn, Dr lan
Ryder, Richard van Straubenzee, Sir W.
Sackville, Hon Thomas Vaughan, Sir Gerard
Sainsbury, Hon Timothy Viggers, Peter
Sayeed, Jonathan Wakeham, Rt Hon John
Shaw, Giles (Pudsey) Waldegrave, Hon William
Shaw, Sir Michael (Scarb') Walden, George
Shelton, William (Streatham) Walker, Bill (T'side N)
Shepherd, Colin (Hereford) Waller, Gary
Shepherd, Richard (Aldridge) Ward, John
Shersby, Michael Wardle, C. (Bexhill)
Silvester, Fred Warren, Kenneth
Skeet, Sir Trevor Watson, John
Smith, Tim (Beaconsfield) Watts, John
Speed, Keith Wells, Bowen (Hertford)
Speller, Tony Wells, Sir John (Maidstone)
Spencer, Derek Wheeler, John
Spicer, Jim (Dorset W) Whitfield, John
Spicer, Michael (S Worcs) Whitney, Raymond
Squire, Robin Wiggin, Jerry
Stanbrook, Ivor Wolfson, Mark
Stanley, Rt Hon John Wood, Timothy
Steen, Anthony Woodcock, Michael
Stern, Michael Yeo, Tim
Stevens, Lewis (Nuneaton) Young, Sir George (Acton)
Stewart, Allan (Eastwood)
Stewart, Andrew (Sherwood) Tellers for the Ayes:
Stewart, Ian (Hertf'dshire N) Mr. Francis Maude and
Stradling Thomas, Sir John Mr. David Lightbown.
Taylor, John (Solihull)
NOES
Adams, Allen (Paisley N) Corbett, Robin
Alton, David Corbyn, Jeremy
Anderson, Donald Craigen, J. M.
Archer, Rt Hon Peter Crowther, Stan
Ashley, Rt Hon Jack Cunliffe, Lawrence
Atkinson, N. (Tottenham) Cunningham, Dr John
Bagier, Gordon A. T. Davies, Ronald (Caerphilly)
Banks, Tony (Newham NW) Davis, Terry (B'ham, H'ge H'l)
Barron, Kevin Deakins, Eric
Beckett, Mrs Margaret Dewar, Donald
Bell, Stuart Oixon, Donald
Benn, Rt Hon Tony Dobson, Frank
Bennett, A. (Dent'n & Red'sh) Dormand, Jack
Bermingham, Gerald Dubs, Alfred
Bidwell, Sydney Dunwoody, Hon Mrs G.
Blair, Anthony Eadie, Alex
Boyes, Roland Eastham, Ken
Bray, Dr Jeremy Evans, John (St. Helens N)
Brown, Gordon (D'f'mline E) Fatchett, Derek
Brown, Hugh D. (Provan) Faulds, Andrew
Brown, N. (N'c'tle-u-Tyne E) Field, Frank (Birkenhead)
Buchan, Norman Fields, T. (L'pool Broad Gn)
Caborn, Richard Fisher, Mark
Callaghan, Jim (Heyw'd & M) Flannery, Martin
Campbell-Savours, Dale Foot, Rt Hon Michael
Canavan, Dennis Forrester, John
Carter-Jones, Lewis Foster, Derek
Clark, Dr David (S Shields) Foulkes, George
Clarke, Thomas Fraser, J. (Norwood)
Clay, Robert Freud, Clement
Clelland, David Gordon George, Bruce
Clwyd, Mrs Ann Gilbert, Rt Hon Dr John
Cocks, Rt Hon M. (Bristol S) Godman, Dr Norman
Cohen, Harry Golding, Mrs Llin
Conlan, Bernard Gould, Bryan
Cook, Frank (Stockton North) Hamilton, James (M'well N)
Cook, Robin F. (Livingston) Hamilton, W. W. (Fife Central)
Hancock, Michael Pendry, Tom
Harrison, Rt Hon Walter Pike, Peter
Heffer, Eric S. Prescott, John
Hogg, N. (C'nauld & Kilsyth) Radice, Giles
Holland, Stuart (Vauxhall) Randall, Stuart
Home Robertson, John Raynsford, Nick
Howarth, George (Knowsley, N) Redmond, Martin
Hoyle, Douglas Rees, Rt Hon M. (Leeds S)
Hughes, Robert (Aberdeen N) Richardson, Ms Jo
Hughes, Roy (Newport East) Roberts, Allan (Bootle)
Hughes, Sean (Knowsley S) Roberts, Ernest (Hackney N)
Hughes, Simon (Southwark) Robertson, George
Janner, Hon Greville Rooker, J. W.
John, Brynmor Ross, Ernest (Dundee W)
Jones, Barry (Alyn & Deeside) Rowlands, Ted
Kaufman, Rt Hon Gerald Sedgemore, Brian
Lambie, David Sheerman, Barry
Lamond, James Sheldon, Rt Hon R.
Leadbitter, Ted Shore, Rt Hon Peter
Leighton, Ronald Short, Ms Clare (Ladywood)
Lewis, Terence (Worsley) Short, Mrs H.(W'hampt'n NE)
Litherland, Robert Silkin, Rt Hon J.
Lloyd, Tony (Stretford) Skinner, Dennis
Lofthouse, Geoffrey Smith, C.(lsl'ton S & F'bury)
Loyden, Edward Smith, Rt Hon J. (M'ds E)
McCartney, Hugh Snape, Peter
McDonald, Dr Oonagh Soley, Clive
McKay, Allen (Penistone) Spearing, Nigel
McNamara, Kevin Stott, Roger
McWilliam, John Straw, Jack
Madden, Max Thomas, Dafydd (Merioneth)
Marshall, David (Shettleston) Thomas, Dr R. (Carmarthen)
Martin, Michael Thompson, J. (Wansbeck)
Maxton, John Thorne, Stan (Preston)
Maynard, Miss Joan Tinn, James
Meacher, Michael Warden, Gareth (Gower)
Meadowcroft, Michael Wareing, Robert
Michie, William Weetch, Ken
Millan, Rt Hon Bruce Welsh, Michael
Mitchell, Austin (G't Grimsby) White, James
Morris, Rt Hon A. (W'shawe) Williams, Rt Hon A.
Morris, Rt Hon J. (Aberavon) Winnick, David
Nellist, David Young, David (Bolton SE)
Oakes, Rt Hon Gordon
O'Brien, William Tellers for the Noes:
O'Neill, Martin Mr. Frank Haynes and
Park, George Mr. Ray Powell.
Patchett, Terry

Question accordingly agreed to.

Bill read the Third time, and passed.