RATING (DISABLED PERSONS) BILL (Hansard, 10 July 1978)

§ Lord HUGHES
My Lords, I beg to move that this Bill be now read a third time.

§ Lord SANDYS
My Lords, while recognising the proposal in these Amendments, I should like to ask the noble Lord, Lord Hughes, whether their effect 1309 will be to cast a greater degree of responsibility on a local authority to view this matter with not quite so much benefit to the disabled person. This is a problem which we discussed at considerable length at the Report stage. In view of the fact that there have been a number of cases in Scotland where a disabled person's garage was occupied by equipment other than the disabled person's car, I am wondering whether a local authority would be inclined to take a view which was out of line with the general purport of this Bill. If we permit total discretion to a local authority in this regard, I hope that there will be safeguards and I am wondering what they will be. Your Lordships do not have the benefit this afternoon of the views of the noble Baroness, Lady Masham of Ilton, who has been so concerned with this clause, and I wonder whether the noble Lord, Lord Hughes, can tell us whether there is a safeguard.

§ Lord HUGHES
My Lords, I think it is perfectly clear that the effect of these Amendments is to give greater discretion to a local authority than it otherwise might have had. As the Bill originally stood, if there was use of the premises other than just for housing a disabled person's car, there was a mandatory requirement that the local authority would make a proportionate reduction of the amount of rebate. At the last minute, the noble Lord, Lord Sandys, suggested to me that the word "may" should be substituted for the word "shall", and the effect was that it could have been interpreted as meaning that a local authority had two things that it could do: it could either give total relief or make a proportionate reduction.
The effect of these Amendments is that a local authority does not have to make a choice between those two extremes, but it may make a lesser reduction of rebate than a proportionate one. It opens up the way to where a local authority may, for example, decide to make only a nominal alteration. So that the general effect of this wider discretion which local authorities will have must be for the benefit of the disabled person.

§ Lord SANDYS
My Lords, I am most grateful to the noble Lord, Lord Hughes, for introducing this further Amendment, because it improves the drafting. He has referred to what we said earlier on Report, 1311 so that there is no need for me to echo what was said at that time. I should like to thank the noble Lord, Lord Hughes, for his most cordial help and co-operation, and I should especially like to thank all those who have assisted in the better drafting of the Bill. The noble Baroness, Lady Stedman, has been particularly receptive, so far as possible, in regard to all the different outside interests. But, of course, no discussion at this stage is complete without further reference to Mr. Neville Vandyk, whose interest has been for a very wide number of disabled people. The drafting of this Bill has been exceptionally difficult, but what has been achieved is quite significant.

Viscount BARRINGTON
My Lords, before the Question is put, I do not know whether I am entitled to speak, not having spoken in any of the earlier debates, although I have followed them with great interest. But from a personal point of view—I cannot do it officially from the Liberal Benches—I should like to join in the congratulations to Mr. Vandyk, who sent me an account of the judgments in the House of Lords. I believe that he has done an immense amount to get this Bill improved. Whether it is improved as much as some disabled people would like is open to doubt, but I should like to join in the congratulations to him, and also to the noble Lord, Lord Hughes, on the co-operative way in which he has dealt with the Bill.

§ Lord HUGHES
My Lords, I beg to move that this Bill do now pass.

Lord CAMPBELL of CROY
My Lords, I should just like to take a few seconds of your Lordships' time, because you will remember that for about two years I was putting questions on the state of the law following the appeal in the Vandyk case, which came to your Lordships sitting judicially, when the decision of the Appeal Court was reversed. However, they also pointed out how unsatisfactory was the state of the law.
1312 I seek now to explain that I should have taken part in the proceedings on the Bill if I had not been very fully occupied with other matters, especially the Scotland Bill. However, it is a matter of great gratification to me that so much agreement upon the Bill has been reached. I should like to congratulate all who have worked hard upon it, in particular the noble Lord, Lord Hughes, who has piloted it through this House. For my part, I passed the continuing representations and correspondence which came to me to my noble friend Lord Sandys who has been handling the matter from these Benches. I should also like to thank the noble Baroness, Lady Stedman, who over a period of more than two years now has been in correspondence with me about the fact that a Bill was going to be presented.

§ Baroness STEDMAN
My Lords, it is a long time since we started discussion of the Vandyk case and the other one. From the Government Benches, I am very happy to welcome the Bill and to say how much we appreciate the way in which my noble friend has handled it and the help we have had from all sides in getting it on to the Statute Book.