HL Deb 22 October 1975 vol 364 cc1504-6

Schedule 4, page 66, line 23, leave out from beginning to ("section") in line 24, and insert ("3.—(1)").

Schedule 4, line 27, leave out ("marriage") and insert ("sums payable on marriage in pursuance of a contract of employment made before the passing of this Act, or the commutation, at any time, of the right to such sums.

(2) In relation to service within section 1(8) of the said Act of 1970 (service of the Crown) for the reference to a contract of employment made before the passing of this Act there shall be substituted a reference to terms of service entered into before the passing of this Act.")

The Commons disagreed to this Amendment but proposed the following Amendment in lieu thereof:

Page 66, line 23, leave out paragraph 3 and insert— ("3.—(1) Section 6 of the Equal Pay Act 1970 (as amended by paragraph 3 of Schedule 1 to this Act) shall apply as if the references to death or retirement in subsection (1A)(b) of the said section 6 included references to sums payable on marriage in pursuance of a contract of employment made before the passing of this Act, or the commutation, at any time, of the right to such sums. (2) In relation to service within section 1(8) of the said Act of 1970 (service of the Crown) for the reference in this paragraph to a con tract of employment made before the passing of this Act there shall be substituted a reference to terms of service entered into before the passing of this Act.")

Lord JACQUES

My Lords, I beg to move that the House doth not insist on their Amendments Nos.1 and 2 to which the Commons have disagreed, and doth agree to the Commons Amendment No. 3 in lieu thereof. Amendments Nos. 1 and 2, which were made by this House, were Amendments to paragraph 3 of Schedule 4. Later, this House made an Amendment to another part of the Bill and, arising out of that Amendment, there should have been a consequential Amendment to the said paragraph 3 of Schedule 4 but this was omitted. The Commons simply rectified this omission. It leaves the substance of the Amendments Nos. 1 and 2 untouched. In these circumstances, the substitution of Amendment No. 3 for Amendments Nos. l and 2 was accepted in the other place without discussion. I recommend to your Lordships that you do likewise.

Moved, that this House doth not insist on their Amendments Nos. 1 and 2 to which the Commons have disagreed, and doth agree to the Commons Amendment No. 3 in lieu thereof.—(Lord Jacques.)

Viscount COLVILLE of CULROSS

My Lords, I entirely agree with the noble Lord, Lord Jacques. His noble friend Lord Harris of Greenwich has been kind enough to write to me about this matter and explain it. It is a matter which is susceptible of fairly lengthy explanation but, as the noble Lord has said, it is purely technical and I do not think that it is a matter on which we ought to hold up the House this evening. I entirely agree with the way the noble Lord presented this to the House, and I hope that we shall have no difficulty in accepting his Motion.

On Question, Motion agreed.