§ [The reference is to Bill (118) as first printed for the House of Commons]
§ Clause 3, page 2, line 23, at end insert ("and subsection (3) of section seventy-seven of the Criminal Justice Act, 1948 (which provides for the payment out of moneys provided by Parliament of grant towards expenditure out of the metropolitan police fund under the Fifth Schedule to that Act), shall have effect as if the reference in paragraph (a) thereof to the said Fifth Schedule included a reference to this section")
§ THE LORD CHANCELLORMy Lords, this is a Government Amendment of a technical character. Its purpose is to authorise the payment of a grant, at the appropriate rate, on any expenditure 754 by the Receiver of the Metropolitan Police District in providing premises for the purposes of the probation service in the Metropolitan stipendary court area. Section 77(3)(a) of the Criminal Justice Act, 1948 (which relates to the payment of grants for probation purposes generally) provides for the payment of Exchequer grant towards the expenditure of local authorities, and the expenditure out of the Metropolitan Police Fund, under the Fifth Schedule to that Act.
So far as expenditure out of the Metropolitan Police Fund is concerned, paragraph 7(1)(d) of the Fifth Schedule provides for the payment out of the Metropolitan Police Fund of such sums as the Secretary of State may direct to meet the expenses which, in the case of probation areas outside the Metropolitan stipendiary court area, would be payable by local authorities. The expenses of providing premises for probation purposes in the Metropolitan stipendiary court area have hitherto come within paragraph 7(1)(d), but Clause 3 of the Bill now gives the Receiver express power to provide land and buildings, and though the expenses of providing premises for probation purposes will still be defrayed out of the Metropolitan Police Fund, such expenditure will not be incurred under the Fifth Schedule to the Criminal Justice Act, 1948, but under the present Bill. Therefore special provision must be made for the payment of grants under Section 77(3)(a) of the Criminal Justice Act, 1948, in respect of this expenditure. The Amendment makes such provision by including in that Section a specific reference to Clause 3 of this Bill. My Lords, I am sorry to have taken up so much time on a technical Amendment, but it is a consequence of the alteration made by Clause 3 of the Bill. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ LORD LATHAMMy Lords, may I ask the noble and learned Viscount whether this Amendment would leave the basis of contribution by local authorities unaltered? I do not mean the amount, but the basis of ascertainment.
§ THE LORD CHANCELLORMy Lords, I understand that to be the position as to the basic plan; no alteration is 755 made there. It is simply a question that the expenses of providing premises for probation have hitherto come under paragraph 7(1)(d) of the Fifth Schedule, and because of Clause 3 such expenditure will not in future be incurred under the Fifth Schedule, but will come under this Bill. So far as I can see, it is simply providing for the new statutory undercarriage, but it is certainly not altering the procedure which the noble Lord and I know. It is a matter we have often discussed. In fact, he will probably be 756 familiar with my own statements on the matter which I made in 1952 and 1954.
§ LORD LATHAMThat is to say, the liability is under a different Statute?
§ THE LORD CHANCELLORMy Lords, it is the same liability as was under the Statute, but the Statute, as I put it, that carries the liability has been altered.
§ On Question, Motion agreed to.
§ House adjourned at twenty-three minutes past four o'clock.