§ The Allotments (Scotland) Act, 1922
§ 1. Section nine of the Allotments (Scotland) Act, 1922 (which requires the councils of certain burghs to establish allotment committees) shall cease to have effect.
§ The Education (Scotland) Act, 1946
§ 2. In section three of the Education (Scotland) Act, 1946 (which relates to the provision of facilities for recreation and social and physical training), in subsection (1), the words ' with the aproval of the Secretary of State' shall cease to have effect.
§ 3. In section twenty-five of the said Act of 1946 (which relates to contributions by education authorities to the maintenance of certain schools and institutions), in subsection (6), the words ' with the sanction of the Secretary of State ' shall cease to have effect, and for the words ' the Secretary of State,' where those words secondly occur, there shall be substituted the word; ' the education authority'.
§ 4. In section twenty-seven of the said Act of 1946 (which relates to educational research) the words ' with the approval of the Secretary of State' shall cease to have effect.
§ 5. In section thirty-four of the said Act of 1946 (which relates to exemption from school attendance) subsection (5) shall cease to have effect.
410§ 6. In section forty-five of the said Act of 1946 (which relates to the provision of transport and other facilities), in subsection (1), the words ' or as the Secretary of State may direct' shall cease to have effect.
§ 7. In section seventy-four of the said Act of 1946 (which relates, among other things, to the examination of accounts of education authorities) subsections (2) and (3) shall cease to have effect:
§ Provided that this paragraph shall not have effect as respects accounts for any period before the year beginning on the sixteenth day of May, nineteen hundred and fifty-nine.
§ The National Health Service (Scotland) Act, 1947
§ 8. In section twenty-two of the National Health Service (Scotland) Act, 1947 (which relates to the care of mothers and young children), in subsection (3), the words ' with the approval of the Secretary of State ' shall cease to have effect.
§ 9. In section twenty-seven of the National Health Service (Scotland) Act, 1947 (which relates to the prevention of illness, the care of persons suffering from illness or mental deficiency and the after care of such persons), in subsection (3), the words ' with the approval of the Secretary of State' shall cease to have effect.
§ 10. In section fifty-one of the National Health Service (Scotland) Act, 1947 (which relates to the duties of local health authorities under the Lunacy and Mental Deficiency Acts), in subsection (3), the words ' with the approval of the Secretary of State' shall cease to have effect.
§ 11. The Fifth Schedule to the National Health Service (Scotland) Act, 1947 (which requires local health committees to make the minutes of their proceedings available for inspection by electors) shall cease to have effect.
§ The Local Government (Scotland) Act 1947
§ 12. In section one hundred and five of the Act of 1947, subsection (2) (which requires county councils and town councils of large burghs to have administrative schemes for the discharge of their functions as local health authorities), subsection (3) (which requires county councils to have administrative schemes for the discharge of their functions relating to roads) and subsection (4) (which precludes county councils and the town councils of large burghs from revoking administrative schemes approved under section fourteen of the Local Government (Scotland) Act, 1929, otherwise than by making another administrative scheme) shall cease to have effect and any reference in subsection (5) or subsection (6) of the said section one hundred and five to an administrative scheme shall be construed as a reference only to an administrative scheme relating to education.
§ 13. Section one hundred and seven of the Act of 1947 (which prescribes the contents of certain administrative schemes required to be made by county councils and town councils of large burghs) shall cease to have effect.
411§ 14. Section one hundred and ten of the Act of 1947 (which requires county councils to appoint committees for the purposes of their functions relating to roads) shall cease to have effect.
§ 15. Section one hundred and eleven of the Act of 1947 (which relates to health committees required to be appointed by county councils and town councils of large burghs) shall cease to have effect.
§ 16. Section one hundred and twelve of the Act of 1947 (which requires county councils and town councils which are police authorities to appoint committees for the purposes of their functions relating to police) shall cease to have effect.
§
17. In section one hundred and fourteen of the Act of 1947 (which relates to the appointment of sub-committees of committees for administrative scheme functions) for subsection (1) there shall be substituted the following subsection, that is to say—
'(1) Save as otherwise provided in this Part of this Act a sub-committee of the education committee of a county council may consist to an extent not exceeding one half of persons who are not members of the council:
Provided that a person who is not a member of the council or of the committee shall not be appointed to a sub-committee except with the consent of the council.'
§
18. Section one hundred and fifteen of the Act of 1947 (which relates to the appointment of committees and sub-committees of county councils, town councils of burghs and district councils) shall have effect with the addition of the following subsection, that is to say—
'(3) Any committee appointed by a local authority under subsection (1) of this section for the purposes of the authority's functions under the Allotments (Scotland) Act, 1922, the National Health Service (Scotland) Act, 1947, the Town and Country Planning (Scotland) Act, 1947, or the National Assistance Act, 1948, may to an extent not exceeding one third of its membership consist of persons, not being members of the local authority, who have special knowledge or experience in regard to the functions for the purposes of which the committee is appointed.'
§ 19. In section one hundred and fifty-seven of the Act of 1947 (which relates to the acquisition of land in advance of requirements) the words 'with the consent of the Minister concerned ' shall cease to have effect.
§ The Town and Country Planning (Scotland) Act, 1947
§ 20. Part IV of the First Schedule to the Town and Country Planning (Scotland) Act, 1947 (which requires local planning authorities to establish planning committees for the discharge of their functions under that Act) shall cease to have effect.
§ 21. In Part V of the First Schedule to the Town and Country Planning (Scotland) Act, 1947 (which relates to sub-committees), in paragraph 1, for the words 'The planning committee of a local planning authority' there 412 shall be substituted the words ' Any committee established by a local planning authority for the discharge of their functions under this Act '; after the words ' the committee' there shall be inserted the words '(hereinafter referred to as "the planning committee")' and for the words ' not less than three-fourths of the members of any such sub-committee which consists of more than three persons ' there shall be substituted the words ' not less than two-thirds of the members of any such committee'; and in paragraph 3, for the words 'a planning committee established under Part IV of this Schedule', there shall be substituted the words ' a committee to which paragraph 1 of this Part of this Schedule relates '.
§ The Local Government Act, 1948
§ 22. In section one hundred and thirty-five of the Local Government Act, 1948 (which relates to instruction, lectures, etc.. on questions relating to local government) in subsection (1), the words Subject to such conditions and restrictions, if any, as the Secretary of State may by regulations prescribe' shall cease to have effect.
§ The National Assistance Act, 1948
§ 23. Part I of the Third Schedule to the National Assistance Act, 1948 (which requires county councils and town councils of large burghs to establish committees for the discharge of their functions under Part III of that Act) shall cease to have effect.
§ The Valuation and Rating (Scotland) Act, 1956
§ 24. Section two of the Valuation and Rating (Scotland) Act, 1956 (which requires valuation authorities to have administrative schemes for the discharge of their functions relating to valuation) shall cease to have effect."
§ The noble Lord said: This is the new Schedule. The Amendments contained in this Schedule and in the repeal provisions contained in the Fifth Schedule give effect to the substance of the White Paper. They are designed to give local authorities the maximum amount of freedom to manage their own affairs. Briefly, the effect of the Amendments is as follows. Paragraphs 1, 12 to 18, 20, 21, 23 and 24 abolish the requirements that local authorities must have separate committees and administrative schemes for particular purposes, and provide that the membership of the committees at present statutory and now to be permissive may include up to one-third of non-councillors. Paragraphs 2 to 7 provide for relaxations of controls by repealing or amending the provisions in the Education (Scotland) Act, 1946, relating to the giving of approvals by the Secretary of State.
§ Paragraphs 8 to 10 repeal the requirements that the Secretary of State's consent be obtained to contributions by local health authorities to voluntary organisations including among their objects the 413 care of mothers or young children, voluntary organisations including among their objects the prevention of illness, the care of persons suffering from illness or mental deficiency, or the after care of such persons, and voluntary organisations performing, by arrangement with the local health authority, any services in connection with the duties of that authority under the Mental Deficiency (Scotland) Acts or under Part V (Mental Services) of the National Health Service (Scotland) Act. Paragraph 11 repeals the existing provision regarding inspection of the minutes of proceedings of local health authorities. The effect of paragraph 19 is that it will no longer be necessary for local authorities to apply for the Secretary of State's consent before acquiring land by agreement in advance of requirements. Paragraph 22 removes the Secretary of State's power to make regulations regarding the arrangements which local authorities may make for publicising questions relating to local government. That shows the greater freedom which these Amendments give the local authorities. I beg to move.
§
Amendment moved—
After Fourth Schedule insert the said new Schedule.—(Lord Strathclyde.)
§ LORD SILKINThe purpose of this Amendment, the incorporation of the new clause, is, as the noble Lord, Lord Strathclyde, has explained, to give to local authorities greater freedom to manage their own affairs having regard to the new basis of grant and to the general policy of this Bill. I should like to put to the noble Lord a further case where I think this principle can be extended. I was apologising for intervening at all in the debate, but I do apologise for not having put down in writing the Amendment that I think is necessary to incorporate what I wish to say. As I was asked to take part only early this morning, obviously I have not been able to put down any Amendment. But it relates to Section 21 of the National Health Service (Scotland) Act, 1947.
As the noble Lord is aware, this section requires local health authorities to go through a long and cumbersome procedure in connection with their health functions. They have to prepare a scheme; they have to give notice to the voluntary organisations, to the executive 414 council and to the regional hospital board; they have to wait two months for any observations that these organisations may make, and, eventually, and no doubt after lengthy discussions, the Secretary of State may approve the proposals with or without qualifications. Those qualifications may include additions or exceptions, or the Secretary of State may recommend that the local health authority shall submit new proposals. If this section remains, I would submit that the freedom which the Bill contemplates giving to local authorities is very restricted. The section applies to a number of health services—six in all: care of mothers and young children, midwifery, health visiting, home nursing, vaccination and immunisation, the prevention of illness, and care and after-care. These are very wide functions.
If the section remains, then in the case of every one of these functions the local authorities would be required to go through this very lengthy and cumbersome procedure and eventually to submit to the Scottish Office proposals they have put forward, and to accept any amendment. I would suggest that the maintenance of this clause is quite out of keeping with the general doctrine which the noble Lord, Lord Strathclyde, has twice enunciated this afternoon in connection with these Amendments—namely, that they are put down with the desire of giving the maximum amount of freedom to local authorities to manage their own affairs.
Had I had the opportunity I should have put down an Amendment to this present Amendment to delete the whole of Section 21 of the National Health Service (Scotland) Act, 1947. I am bound to admit, though, that there is one subsection of that section which Her Majesty's Government might wish to retain: subsection (5), the default provision. I had hoped that I might be able to do a deal with the noble Lord, Lord Strathclyde, for the maintenance of that particular power; I hoped he would agree that the rest of the section is quite unnecessary in the new circumstances and having regard to the fact that no specific grant is now being paid in respect of these services. I am asking the noble Lord only to examine this point. I believe he has had some notice of it, which is more than I have had, and I hope that at least he will examine it and perhaps see his way to doing something on the Report stage.
§ LORD STRATHCLYDEI believe that your Lordships will be grateful to the noble Lord, Lord Silkin, for stepping into the breach at such short notice and putting the case so clearly before the Committee, but I hope that when I have said what I have to say he will perhaps agree that there is a way of looking at the matter other than that which he has suggested. Under Section 21 of the National Health Service (Scotland) Act, 1947, local health authorities are required to submit to the Secretary of State their proposals for carrying out their duties under the Act. During the discussions on the relaxation of administrative controls, some of the local authority representatives asked for the repeal of this section requiring local health authorities to submit proposals. I would remind your Lordships here that these proposals are to be distinguished from the administrative schemes referred to in paragraph 12 of the new Fifth Schedule which we are discussing; the requirement to submit these schemes is to be repealed (except for education).
It was explained at the Working Party that the Department of Health would be glad to examine any suggestion put forward for the simplification of the procedure for dealing with amendments or modifications of approved proposals; for instance, where local health authorities are given additional functions like poliomyelitis vaccination, a circular might be used as the medium for amending the proposals of all local health authorities, in this way avoiding separate formal submissions.
The arguments justifying the retention of the requirement to submit proposals are these: first, the Secretary of State is required under Section 1 of the National Health Service Act to provide or secure the effective provision of a comprehensive health service, in accordance with the provisions of the Act. That duty extends not only to services provided by direct delegation (for example, to regional hospital boards), but also to services whose effective provision he secures in other ways (for example, through the local health authorities). Secondly, the proposals submitted by the local health authorities enable the Secretary of State to carry out his duty by setting out the scope of the services to be provided, and the method by which they are to be carried out. Thirdly, the proposals also 416 fulfil a useful function in co-ordinating the provisions of the Health Service as a whole, as the Act requires that copies shall, before approval, be sent to the executive councils, the regional hospital boards and all voluntary organisations likely to be concerned.
Suggestions for an amendment were put forward by Glasgow Corporation yesterday to the Secretary of State. These include the repeal of the provision that the Secretary of State shall approve the proposals put forward by local health authorities. Instead, the Secretary of State would make recommendations to the local health authority for modifying draft proposals. In addition, the requirement that it shall be a duty of the local health authority to carry out their duties in accordance with the proposals would also be repealed. The Committee will appreciate that both these points are matters of principle, and with regret I say to the noble Lord that I can hold out no hope that Her Majesty's Government will be able to bring forward an Amendment on the lines that have been suggested. I would say quite frankly to the noble Lord that, on reading over the proposals of the Corporation of Glasgow, which I understood the noble Lord, Lord Greenhill, wished to put forward to-day, it seemed to me that they were even more extensive than what is required at the present time.
§ LORD SILKINI do not wish to press this matter too far, because it is none of my affair, but in reading Section 1 it occurs to me that, in the light of the new circumstances, it is in need of modification. Therefore, I hope that the mind of the noble Lord and of Her Majesty's Government is not entirely closed upon this matter. I am not myself the sponsor of the recommendations of the Corporation of Glasgow, but I am sure that it is not necessary to go through all this elaborate and cumbersome procedure to-day when no question of grant is involved. I could understand that if there were a 50 per cent. grant Her Majesty's Government would want to know exactly what proposals were coming along; I can understand that to-day they want to be satisfied that local authorities are really carrying out their duties in connection with health; but I cannot understand why all this elaborate procedure should be necessary, and I hope that the noble Lord will give 417 some thought to the matter to ascertain whether some simplification can be resolved, in agreement with Scottish local authorities.
§ LORD STRATHCLYDEIt would be merely courteous for me to say to the noble Lord that we asked the Working Party to be good enough to tell us of any simplification that was possible. I told the Committee earlier the result, and it seems to me that the suggestions which have been made are not an improvement or simplification at all, but rather the reverse.
§ On Question, Amendment agreed to.
§ Fifth Schedule [Repeals]:
§ 4.0 p.m.
§ LORD STRATHCLYDEThis Amendment is consequential.
§ Amendment moved—
§ Page 26, line 41, at end insert—
| (" 11 & 12 Geo. 5 c. 58. | The Trusts (Scotland) Act, 1921. | In section ten, in subsection (1), in paragraph (a), sub-paragraph (8).") |
§ —(Lord Strathclyde)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEThis also is a consequential Amendment.
§
Amendment moved—
Page 27, line 10, column 3, after (" (4)") insert (" in paragraph (7) the words ' in addition to any sums voted by Parliament for the training of teachers'").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEThis Amendment provides for the repeal of a provision concerning the Education (Scotland) Fund which is no longer required.
§
Amendment moved—
Page 27, line 31, column 3, at end insert ("and subsection (8)").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI think it would be for the convenience of the House if we were to take Amendment No. 24 and Amendments Nos. 26 to 35 together. These Amendments to Part III of the Fifth Schedule are consequential on the changes made by the new Schedule which implement the White Paper proposals which we have discussed. I beg to move.
§ Amendment moved—
§ Page 27, fine 46, at end insert—
| (" 12 & 13 Geo. 5. c. 52 | The Allotments (Scotland) Act, 1922 | Section nine,") |
§ —(Lord Strathclyde)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move this Amendment.
§
Amendment moved—
Page 28, line 6 column 3 after first (" In ") insert (" section three, in subsection (1), the words 'with the approval of the Secretary of State '; in section, twenty-five, in subsection (6), the words ' with the sanction of the Secretary of State'; in section twenty-seven, the words ' with the approval of the Secretary of State '; in section thirty-four, subsection (5); in section forty-five, in subsection (1), the words ' or as the Secretary of State may direct '; in ").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move No. 27.
§
Amendment moved—
Page 28, line 9, column 3, at end insert (" in section seventy-four, subsections (2) and (3)").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move.
§
Amendment moved—
Page 28, line 10, column 3, after (" In ") insert ("section twenty-two, in subsection (3), the words ' with the approval of the Secretary of State'; in section twenty-seven, in subsection (3), the words ' with the approval of the Secretary of State'; in section fifty-one, in subsection (3), the words ' with the approval of the Secretary of State '; in ").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move:
§
Amendment moved—
Page 28, line 11, column 3, at end insert (" the Fifth Schedule.")—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move this Amendment.
§
Amendment moved—
Page 28, line 16, column 3, at end insert (" In section one hundred and five, subsections (2), (3) and (4); section one hundred and seven; section one hundred and ten; section one hundred and eleven; section one hundred and twelve; in section one hundred and fifty-seven, the words ' with the consent of the Minister
419
concerned'; in section two hundred and three, subsection (3); in section two hundred and eight, subsection (1)").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move.
§
Amendment moved—
Page 28, line 17, column 3, after first (" In ") insert ("section two, in subsection (5), the words ' and Part IV' and the words 'and of planning committees respectively'; in ").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
THE CHAIRMAN OF COMMITTEESIn the next Amendment there is a misprint. Would your Lordships be good enough to insert the word "and" before the words "in the First Schedule, Part IV"?
§ LORD STRATHCLYDEI beg to move the Amendment, with the alteration indicated by the Lord Chairman.
§
Amendment moved—
Page 28, line 20, column 3, at end insert (" and in the First Schedule, Part IV ").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move Amendment No. 33.
§
Amendment moved—
Page 28, line 21, column 3, at end insert (" in section one hundred and thirty-five, in subsection (1), the words 'Subject to such conditions and restrictions, if any, as the Secretary of State may by regulations prescribe', and subsection (2)").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move.
§
Amendment moved—
Page 28, line 23, column 3, at end insert (" in section thirty-three, in subsection (2), the words ' committees and'; in the Third Schedule, Part I; in Part II, in paragraph 9, sub-paragraph (3), and in paragraph 11, subparagraph (f); and in Part III, in paragraph 12, in sub-paragraph (a) the words from ' and for any reference' to the end of the sub-paragraph; sub-paragraphs (b), (c) and (d)").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ LORD STRATHCLYDEI beg to move.
§
Amendment moved—
Page 28, line 45, column 3, leave out first (" In ") and insert ("Section two; in section
420
three, in subsection (4), paragraph (c); in ").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ Fifth Schedule, as amended, agreed to.
§ LORD STRATHCLYDEThis is a drafting Amendment designed to ensure that the Long Title of the Bill refers appropriately to the matters dealt with in the Amendments already approved by the Committee. I beg to move.
§
Amendment moved—
In the Title, line 4, after (" finance ") insert (" and administration ").—(Lord Strathclyde.)
§ On Question, Amendment agreed to.
§ Title, as amended, agreed to.
§ House resumed.