HL Deb 11 May 1987 vol 487 cc482-3

1 Clause I, page 2, leave out lines 39 to 41 and insert— () The fire authority shall not grant exemption under this section for any premises without causing an inspection to be carried out under subsection (4) above unless they have caused the premises to be inspected (under that or any other power) within the preceding twelve months.".

The Earl of Caithness

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1.

Several of your Lordships will be pleased to see this change in the Bill. During your Lordships' consideration of the Bill in Committee and on Report I was urged by the noble Lord, Lord Mishcon, to accept an amendment to the Bill which would have removed completely the fire authority's discretion to grant an exemption without inspecting the premises for that purpose. I was not willing to accept the amendment as its effect would have been to require the fire authority to inspect in every case even though in some instances it might be fully acquainted with the premises as a result of an earlier inspection.

The amendment introduced by the Government in another place in response to the strongly expressed concern of the Opposition limits the discretion of the fire authority to grant exemption without a further inspection to cases where it has already inspected the premises within the previous 12 months. This amendment will allow flexibility in the use of fire service resources and within reasonable limits. In practice, I expect that fire authorities will exercise their discretionary power to grant exemption without further inspection responsibly and in the light of their professional judgment. I commend the amendment to the House.

Moved, That the House do agree with the Commons in the said amendment.—(The Earl of Caithness.)

Lord Mishcon

My Lords, the noble Earl has, with his usual courtesy, brought to your Lordships the recollection of debates that took place in this Chamber when I had the pleasure of moving an amendment rather similar to the one which now comes to us from the other place. This is an improvement to the Bill and I am grateful to the Government for having conceded it.

On Question, Motion agreed to.