HL Deb 29 July 1971 vol 323 cc656-7

[References are to Bill 150 as first printed for the Commons]

[No. 1]

Clause 2, page 3, line 12, at end insert— (5) Every order under this section shall be so framed as to secure that the amount which, by virtue of the order, may be deducted from payments under a mining lease or mineral rights order by the lessee or other person concerned in respect of each ton of ironstone extracted under that lease or order is not less than the amount which he was entitled to deduct under section 3(2A) of the Act of 1951 in respect of each ton so extracted in the year ending 31st March 1971.

LORD SANDFORD

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 1. The House will remember that the Bill is designed to strengthen the resources of the Ironstone Restoration Fund. To this end, Clause 1 requires the Secretary of State to specify a new rate of contribution payable to the Fund by ironstone operators. These contributions are levied on the tonnage of ironstone extracted. Under the existing law the operators recover half of their contributions from the ironstone royalty owners so that, with certain exceptions, the burden is shared equally. Under Clause 2 the Secretary of State is to specify how much of the contributions at the new rate will be recoverable by the operator from the owner.

As the clause originally stood it would have been theoretically possible for the Secretary of State, having raised the operator's contribution per ton under Clause 1, to lower the existing owner's contribution. This is not the intention. He will be consulting those concerned before he makes any order, and it would not be right to attempt to suggest at this point of time what level of contributions by owners will ultimately be considered to be appropriate. But it would of course certainly not be appropriate to fix the rate at less than the rate which has been applicable since 1951. The clause, as amended by the addition of the new subsection, therefore secures that the rate of contribution payable by an owner in consequence of an order made under the clause cannot be less than the rate which he was liable to pay under the 1951 Act. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Sandford.)

On Question, Motion agreed to.