§ 3.26 p.m.
§ The SOLICITOR-GENERAL for SCOTLAND (Lord McCluskey)My Lords, on behalf of my noble friend Lord Kirkhill, I beg to move that this Bill be now read a third time.
Moved. That the Bill be now read 3a.—(Lord McCluskey.)
Lord CAMPBELL of CROYMy Lords, a few words should be said before this Bill goes to another place. First, to thank the noble and learned Lord, Lord McCluskey, for having piloted it through its stages. The Government considered that action was necessary on a number of miscellaneous subjects in the local government field because they were urgent and needed in this Session. I should also like to point out that your Lordships have in this Chamber altered the Bill in certain important respects. It was introduced 20 in your Lordships' House and the Government immediately moved an Amendment. I would say to the noble and learned Lord, Lord McCluskey, that he had no need to apologise, because I feel that in your Lordships' Chamber the Government's second thoughts will always be welcome however soon they come after their first thoughts, if they improve or correct a Bill. He certainly had no need to apologise.
From this side we also raised certain points in Committee and the Government agreed to them. First, we have provided opportunities for the domestic ratepayer in Scotland to be heard. Sometimes domestic ratepayers in Scotland who, on the whole, have to pay a great deal more than their counterparts in England and Wales, feel oppressed, and have some reason for so feeling. We in your Lordships' House have been able to come to their aid in this Bill.
The second main Amendment has very wide application and interest beyond Scotland and beyond this House. It concerns the question of the treatment of hybrid orders. In this Bill we have set another precedent where private legislation is concerned. That is, of course, something of special concern to your Lordships' House where so much private legislation is dealt with. Three years ago we worked out an expedited procedure for dealing with hybrid orders involving great urgency or national importance. Through agreement of both sides of this House, what was called an expedited procedure was worked out whereby 28 days were allowed for Petitioners. Originally, that clause was included in this Bill, but when we investigated we found that the kind of urgency and national importance in question would not arise under this Bill. I am glad to say that the Government agreed and deleted that part of the Bill at the Report stage. The rights of individuals would have been further restricted under the original text of this Bill, but that w ill not now happen.
I would remind your Lordships that where an order is hybrid, and where individuals consider that they are being discriminated against, they have a right to petition and to be heard personally with their legal advisers before Parliament. We have preserved also their right to have a reasonable time to do this, and not have it shortened to the period, 21 which is really a minimum, of 28 days unless there is real urgency or national importance. That the Government agreed to this, and that it has now been established that the procedure should not be used unless there is great urgency, can only be satisfactory for our whole process of legislating. That is why I draw attention to its having happened in this Bill. We have been setting another precedent.
I believe that our efforts on this Bill provide an excellent example of the role your Lordships' House can play in revising a Bill, and in helping the Government to revise their first draft. I should like to thank my noble friends who helped in all the stages of this Bill. I should particularly again like to thank the noble and learned Lord, Lord McCluskey. There was only one week between the Committee and Report stages, and he had to work very fast behind the scenes in order to agree the Amendments which we had suggested.
§ Lord McCLUSKEYMy Lords, I am indebted to the noble Lord, Lord Campbell of Croy, for his kind words. I believe your Lordships can be entirely satisfied with the manner in which this measure has been dealt with as it has proceeded through this House. The House is particularly indebted to the noble Lord, Lord Campbell, for alerting us to certain features of the Bill which could, without damaging its real underlying purposes, he improved. The House saw fit to make these improvements, which were fully described on Report, and I think that we are now all agreed that the Bill which goes from here to another place is a better measure as a result of these changes. I also gratefully acknowledge the contribution which other noble Lords made to the proceedings both in Committee and on Report.
On Question, Bill read 3a; an Amendment (privilege) made; Bill passed, and sent to the Commons.