HL Deb 12 November 1975 vol 365 cc1941-2

[Nos. 21–24]

Clause 27, page 26, line 9, leave out ("may") and insert ("shall")

Clause 27, page 26, line 11 at end insert ("before the second appointed day")

The Commons disagreed to these Amendments but proposed the following Amendments to the Bill in lieu thereof:

Page 9, line 25, after ("when") insert ("(a)")

Page 9, line 26, at end insert— ("and (b) a draft of regulations under section 27 of this Act establishing one or more financial hardship tribunals, or conferirng on one or more existing bodies or groups of bodies the functions of financial hardship tribunals, has been approved by resolution of each House of Parliament.")

Lord MELCHETT

My Lords, I beg to move that this House doth not insist on their Amendments Nos. 21 and 22 to which the Commons have disagreed and doth agree with the Commons in their Amendments Nos. 23 and 24 in lieu thereof. Another place has made a drafting alteration to these Amendments passed by your Lordships, which required that the regulations setting up financial hardship tribunals should be made before the second appointed day. The Amendments made in this House were made to Clause 27 and not to Clause 7, which contains the main provisions concerning the second appointed day. The other place have kept the Amendments passed by your Lordships but have put them in the appropriate place in the Bill.

Moved, That this House doth not insist on their Amendments Nos. 21 and 22 to which the Commons have disagreed, and doth agree to the Commons Amendments Nos. 23 and 24 in lieu thereof.—(Lord Melchett.)

Lord MIDDLETON

My Lords, it is very disappointing that the Amendments which would have provided for the setting up of at least one financial hardship tribunal in time for the second appointed day have not been accepted. I do not think there is any doubt in the minds of the Government, any more than there is in ours, that there will be cases of hardship after the second appointed day. We felt there should be provision to deal with such cases promptly, and that unless one had tribunals in being—not just draft regulations—

Lord MELCHETT

My Lords, if I may interrupt the noble Lord. Lord Middleton, I think he is under a misapprehension. Before too much of that misapprehension is placed on the record, it might be convenient if I put the matter straight. The Government have accepted these Amendments, but have merely transposed them to the suitable clauses. The Amendments were made in your Lordships' House to one clause, Clause 27, and the other place have moved the Amendments and put them in Clause 7. The Amendments have been accepted.

Lord MIDDLETON

My Lords, this is not how it appears to me. It appears to me that all that is being put into Clause 27 by Amendments Nos. 23 and 24 is that a draft of regulations under Amendment No. 24 will have to be approved by Resolution of each House. There is no mention of the setting up of a tribunal. The original Amendment made it mandatory that a tribunal shall be set up before the second appointed day.