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3 Clause 26, page 20, line 14, at end insert—
'(2A) The Secretary of State may by order amend subsection (2) above by substituting a smaller number for the number for the time being specified in it.
(2B) The power to make an order under subsection (2A) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
The Earl of CaithnessMy Lords, I beg to move that the House do agree with the Commons in Amendment 3. There has been much discussion in both Houses of the threshold of 500 for a regulated stand. Some have argued that it is too high while others, including the noble Lord, Lord Ross of Marnock, have suggested that it is too low and may bring too many stands within the scope of the legislation.
The Government remain of the view that the threshold of 500, recommended by Mr. Justice Popplewell, is the right one. It represents an attempt, in Mr. Justice Popplewell's words, "to balance the expense of inspection against a reasonable degree of safety." It is also fair to say that stands which hold less than 500 spectators are likely to be small so that the spectators who are under cover will be in close reach of an exit. Nevertheless, the Government were persuaded in another place that a power to lower the threshold by order would enable the Secretary of State to respond quickly were there ever to be concern about the safety of smaller stands. It is for that reason that I commend this amendment to your Lordships.
§ Moved, That this House do agree with the Commons in their Amendment No. 3.—(The Earl of Caithness.)
§ Lord MishconMy Lords, very sensible it is too!
§ On Question, Motion agreed to.