HL Deb 19 June 1934 vol 93 cc31-6

Amendments reported (according to Order).

Clause 21:

Amendments as to arrangements with associations of employed persons.

(2) Any quest ion arising under this section shall be referred to and determined by an insurance officer, court of referees, or the umpire as if it were a question arising under Section seventeen of the principal Act and the said Section seventeen shall have effect accordingly.

LORD ROCHESTER moved, in subsection (2), to leave out "to and determined by an insurance officer, court of referees, or the umpire," and to insert "and determined." The noble Lord said: My Lords, the clause as it stands is inconsistent in that it requires questions to be referred to the insurance officer, court of referees, and umpire "as if they were questions arising under Section 7 of the principal Act." But the principal Act requires such questions to be dealt with in accordance with regulations, and it is by regulations, and not by the Statute, that such questions are referred to the insurance officer, etc.

Amendment moved— Page 22, line 20, leave out from (" referred ") to (" as ") in line 21 and insert (" and determined ").—(Lord Rochester.)

On Question, Amendment agreed to.

Clause 25:

Amendment of s. 41 of principal Act, and application of Acts to officers of reserve forces.

2) Any payments made before the commencement of this Part of this Act to the Unemployment Fund in respect of men discharged between the said thirtieth day of June and the commencement of this Part of this Act Shall be increased by such an amount as may in the opinion of the Treasury be necessary, having regard to the foregoing provisions of this section.

LORD ROCHESTER moved, in subsection (2), to leave out "to the Unemployment Fund" and insert "under the said Section forty-one by way of employers' and employed persons' contributions." The noble Lord said: My Lords, this is a drafting Amendment designed to carry out what was always the intention of the Bill. The fighting Services make a lump sum payment in respect of each man discharged from the Forces to meet the cost of unemployment benefit to which the man may become entitled. Of this sum a proportion has to be paid to Northern Ireland in respect of men resident there. This payment is, however, made to the Unemployment Fund for Northern Ireland, and does not pass through the British Unemployment Fund. It is, therefore, necessary to omit the reference to the "Unemployment Fund" in Clause 25 (2) of the Bill, so as to make the subsection cover the paymentsto Northern Ireland. I must be quite frank with your Lordships and say that since it concerns payments in respect of men discharged from the Forces the Amendment is undoubtedly a Privilege Amendment. The other House, however, may be expected to waive the Privilege on the ground that the Amendment is necessary for carrying out their intentions.

Amendment moved— Page 25, line 26, leave out (" to the Unemployment Fund ") and insert the said new words.—(Lord Rochester.)

On Question, Amendment agreed to.

Clause 58 [Transitory provisions as to benefit]:

LORD ROCHESTER moved to substitute "a claim" for "an application." The noble Lord said: My Lords, this is another of the Amendments required to remove confusion in the use of the terms "claim for benefit" and "application for benefit," the need for which I explained on the Committee stage on an Amendment to Clause 4, page 4, line 19. There is a great number of these Amendments carrying the same point, and I am sorry to say I omitted this one.

Amendment, moved— Page 57, line 16, leave out (" an application ") and insert (" a claim ").—(Lord Rochester.)

On Question, Amendment agreed to.

Schedule 5 [Minor Amendments]:

LORD ROCHESTER moved to add to the reference to (he Unemployment Insurance (No. 3) Act, 1931: Section 5.—For the definition of ' prescribed ' there shall be substituted the following definition: ' Prescribed ' means prescribed by an order made under Section one of this Act. The noble Lord said: My Lords, this is purely consequential on the conversion of Anomalies "Regulations" into Anomalies "Orders," which was an alteration effected by the other House.

Amendment moved— Page 79, line 35, insert the said new words.—(Lord Rochester.)

On Question, Amendment agreed to.

Schedule 9:

NINTH SCHEDULE.

Repeals.

PART I.

Session and Chapter, or Year and Number of Order. Short Title. Extent of Repeal.
11 & 12 Geo. 5. c. 15. The Unemployment Insurance (No. 2) Act, 1921 Sections four and ten.
15 & 16 Geo. 5. c. 70. The Widows'. Orphans' and Old Age Contributory Pensions Act, 1925. In subsection (1) of Section thirty - seven, the words "and to unemployment benefit under the Unemployment Acts, 1920 to 1924."

LORD ROCHESTER moved to add to the reference to the Unemployment Insurance. (No. 2) Act, 1921, "and in Section sixteen the definition of ' the deficiency period.'" The noble Lord said: My Lords, this Amendment is desired to add to the repeals. The point is that the deficiency period is defined in the No. 2 Act of 1921, but the term is obsolete and a definition is therefore not required. This should therefore be added to the repeals set out in the Schedules of the Bill.

Amendment moved— Page 86, line 27, at end insert (" and in Section 16 the definition of ' the deficiency period ' ").—(Lord Rochester.)

On Question, Amendment agreed to.

LORD ROCHESTER

My Lords, the next Amendment is purely drafting.

Amendment moved— Page 86, line 36, at end insert (" and the First Schedule ").—(Lord Rochester.)

On Question, Amendment agreed to.

LOUD ROCHESTER moved, to leave out the reference to the Widows', Orphans' and Old Age Contributory Pensions Act, 1925. The noble Lord said: My Lords, this Amendment is required for the purposes of the Consolidation Bill which it is proposed to introduce. The repeal of the subsection of the Widows', Orphans' and Old Age Contributory Pensions Act, 1925, which provides that benefit shall not be payable to a claimant who is over the age of sixty-five, is not required by anything in this Bill, and is therefore unnecessary.

Amendment moved— Page 87, leave out lines 4 to 8.—(Lord Rochester.)

On Question, Amendment agreed to.

LORD ROCHESTER

My Lords, the next Amendment is consequential on Clause 8, subsection (2), of the Bill.

Amendment moved— Page 87, line 23, after (" two ") insert (" in subsection (1) of Section four the words from ' of six weeks ' to the end of the subsection ").—(Lord Rochester.)

On Question, Amendment agreed to.

LORD ROCHESTER

My Lords, the next Amendment is also consequential on the conversion of Anomalies "Regulations" into Anomalies "Orders" which was effected in the other House.

Amendment moved— Page 88, line 17, leave out from (" and ") to the end of line 18 and insert (" in Section five the definition of ' regulations ' and subsection (3) ").—(Lord Rochester.)

On Question, Amendment agreed to.

LORD ROCHESTER

My Lords, the next Amendment includes in the Repeals Schedule two provisions relating to rates of benefit which are now repealed by Clause 5 of the Bill.

Amendment moved— Page 88, line 21, at end insert (" and Article two and the Second Schedule ").—(Lord Rochester.)

On Question, Amendment agreed to.

LORD ROCHESTER

My Lords, the next two Amendments are drafting Amendments to correct the order in which Sections 5 and 14 are mentioned.

Amendments moved—

Page 88, line 34, leave out (" Section fourteen ").

Page 88, line 35, after (" five ") insert (" Section fourteen ").—(Lord Rochester.)

On Question, Amendments agreed to.