§ [Nos. 13 and 14]
§
Clause 24, page 22, line 16, at end insert—
("Provided that if the contravention is capable of remedy by or on behalf of the holder the authorisation shall not cease to remain in force unless such contravention has not been remedied within the period specified in the notice or any extension thereof which is reasonable having regard to all the relevant circumstances appertaining to the notice.").
§ The Commons disagreed to this Amendment but proposed the following Amendment in lieu:
§ Page 22, line 16, at end insert ("; but the Secretary of State shall not serve such a notice on the holder in consequence of a contravention if the Secretary of State considers that. having regard to the nature and consequences of the contravention and to any previous contravention, it would be unreasonable to terminate the authorisation in consequence of the contravention and that the holder has taken adequate steps to prevent similar contraventions in future.").
§ Lord BALOGHMy Lords, I beg to move that this House doth not insist on their Amendment No. 13 to which the Commons have disagreed and doth agree with the Commons in their Amendment No. 14 in lieu thereof. I am grateful for the opportunity for reconsideration which the noble Lord, Lord Lloyd of Kilgerran, supported by the noble Lord, Lord Campbell of Croy. and the noble Lord, Lord Strathcona and Mount Royal, gave us on this point. We could not, for reasons explained in another place, quite accept the Amendment as drafted, but we accept the principle that a minor defaulter should have a second chance, and spurred on by the noble Lord's Amendment we set our minds to devising 1771 words to secure this. The Amendment in lieu is along much the same lines as that suggested by the noble Lord, Lord Lloyd of Kilgerran, and we are indebted to him for an improvement to the Bill. The result commended itself to another place, and I hope it also commends itself to noble Lords.
§ Moved, That this House doth not insist on their Amendment No. 13 to which the Commons have disagreed and doth agree with the Commons in their Amendment No. 14 in lieu thereof.—(Lord Balogh.)
§ Lord LLOYD of KILGERRANMy Lords, it would be ungracious of me not to say that I am gratified by the very kind words which were said in another place by the Under-Secretary of State for Energy and by those which have been said by the noble Lord, Lord Balogh, in this House about my original Amendment to Clause 24 which was supported by the noble Lord, Lord Campbell of Croy, and upon which I had the honour to divide the House. The Minister was good enough to say in the other place that there was very little objection in principle to my Amendment but that it required some re-wording. It would be ungracious of me not to say that by that re-wording they have improved my original Amendment, and of course I support this Amendment.
Lord CAMPBELL of CROYMy Lords, naturally we are glad that the Government saw fit to accept the principle of this Amendment. I would point out that the occasion was such that this might not have happened had not the noble Lord, Lord Lloyd of Kilgerran, supported by us on these Benches, decided to press it to a Division. It is an example of where we were able to give the Government a chance to have second thoughts, and they have put forward another version which we are glad to see going into the Bill.
§ 7.31 p.m.