HL Deb 14 October 1985 vol 467 cc341-2

2.50 p.m.

Baroness Jeger

My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government what action they propose to take regarding the time limit on board and lodging payments by the DHSS in view of the ruling by Mr. Justice Mann that such restrictions were illegal.

The Parliamentary Under-Secretary of State, Department of Health and Social Security (Baroness Trumpington)

My Lords, my right honourable friend the Secretary of State for Social Services has appealed against the High Court ruling, and the Court of Appeal hearing has been fixed for 25th and 26th November. We are considering what further steps should be taken.

Baroness Jeger

But, my Lords, is it not a fact, in the view of this Government on law and order, that the judgment of the High Court should be obeyed pending an appeal? May I ask the noble Minister whether she has seen the ruling by Mr. Justice Mann, as reported in the Financial Times of 1st August, where he refused a request by the DHSS for a stay of implementation and confirmed that time limits for moving on had been quashed by the judgment? Therefore, surely, if this Government are to obey the judgment of the High Court, they cannot pursue the regulations which the High Court has deemed illegal.

Baroness Trumpington

My Lords, there have been a number of decisions by tribunals declaring the financial limits invalid following the Cotton ruling. The chief adjudication officer has appealed against these decisions. As is the normal practice where such appeals are made, my right honourable friend the Secretary of State has suspended the implementation of the tribunals' awards pending the outcome of the appeals.

Baroness Jeger

My Lords, I am sorry to press the Minister on this point but I was not talking about tribunal findings: my Question was about a High Court judgment.

Baroness Trumpington

My Lords, we have obeyed the High Court judgment and, as I said in my original reply, we are waiting to see what is the outcome of the appeal.