HL Deb 28 June 1978 vol 394 cc351-3

5.2 p.m.

Lord HUGHES

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, that the House do now resolve itself into Committee.—(Lord Hughes.)

On Question, Motion agreed to.

House in Committee accordingly.

[The Lord ALPORT in the Chair.]

Clause 1 [Power for authorities to incur expenditure to remedy injustices caused by maladministration]:

Lord HUGHES moved Amendment No. 1: Page 1, line 6, after ("1974") insert ("and section 29 of the Local Government (Scotland) Act 1975").

The noble Lord said: In moving this Amendment, I should like to associate with it—so that I may move them formally in due course—Amendments Nos. 3, 4 and 5. The purpose of these Amendments is to extend the operation of the Bill to Scotland. In another place, because of the requirements of time, it was not possible to move these Amendments because the Bill might not have reached us at all. However, the necessary instructions were given which would have enabled the House to extend the Bill to Scotland if it had been so minded. The money resolution was also tabled which would have made it possible for the Amendment which is now before your Lordships as No. 2, but which I shall speak to afterwards.

My noble friend Lady Birk made it clear on Second Reading that the Bill had the support of the Government. As was stated at that time, it arose from views expressed by my noble friend Lady Serota, Chairman of the Commissioners, and the same views are held in Scotland. I do not think that I need take up any more of the time of the Committee in explaining the purpose of this Amendment. I beg to move.

On Question, Amendment agreed to.

Lord HUGHES moved Amendment No. 2: Page 1, line 18, leave out subsection (2)

The noble Lord said: I beg to move Amendment No. 2. Subsection (2) presently provides that expenditure incurred by local authorities under the Bill will not count as relevant expenditure for rate support grant purposes. This limitation was originally included because in accordance with House of Commons Standing Order No. 91, it was not possible for a private Member to introduce a Bill, the main purpose of which was to create a charge on public funds. A money resolution may, however, be tabled by the Government after Second Reading in the Commons so that the Bill may contain financial provisions. That was, in fact, done and there is now therefore no need to have this subsection in the Bill. I beg to move.

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Clause 2 [Short title and extent.]:

Lord HUGHES moved Amendment No. 3: Page 2, line 6, leave out ("1974 (Amendment Act").

The noble Lord said: I spoke to this Amendment when I moved Amendment No. 1. I beg to move.

On Question, Amendment agreed to.

Lord HUGHES moved Amendment No. 4: Page 2, line 7, leave out from ("Act") to the end of line and insert ("does not extend to Northern Ireland").

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

The Title:

Lord HUGHES moved Amendment No. 5: Line 2, after ("Commissioners") insert ("and the Local Government (Scotland) Act 1975 with respect to investigations by the Commissioner for Local Administration in Scotland").

On Question, Amendment agreed to.

Title, as amended, agreed to.

House resumed: Bill reported with Amendments.