AMENDMENT TO COMMONS AMENDMENT NO. 139 (Hansard, 11 July 1995)

§ Baroness Hamwee
My Lords, I beg to move Amendment No. 139A as an amendment to Commons Amendment No. 139. My amendment is what your Lordships may think is a knee-jerk reaction to my reading of this new provision. Subsection (7) of the Commons amendment states: It is the duty of a local authority to comply with any direction given to it under or by virtue of this Part". That is all well and good, but is it implicit that the local authorities will have the powers to comply? In my experience local authorities need express powers to do the things they want to do—otherwise they find that they are being told that they are not entitled to do them. It may he a knee-jerk reaction from someone who has 1555 been at the wrong end of this argument in the past but I seek to add that a local authority will be under a duty to comply with directions only if it already has the powers to do so. I beg to move.

Earl Ferrers
My Lords, I hesitate to tell the noble Baroness that her amendment is not necessary but I feel bound to do so because the Secretary of State can only properly require a local authority to do that which is within its powers. It is therefore not necessary to have a provision to say so on the face of the Bill. Accordingly, I think that the Secretary of State would not go outside his powers.

§ Baroness Hamwee
My Lords, he might, but at least we have the answer. I beg leave to withdraw the amendment.