Clause 35 - Interpretation of Chapter 1
Local Government Bill
9:15 am
Mr Desmond Swayne (New Forest West, Conservative)
I have spotted an opportunity, and I hope that you will forgive me for attempting to exploit it, Mr. Conway. I am certain that I am in order. If I am not, I know that you will rescue me. You were in the Chair at our previous sitting. I have just been looking through the Hansard report of our discussion on clause 31. I know that it was 5.30 pm and that it had been a long day, but I seriously wonder whether we, as a Committee, were not all asleep. There was little discussion on the enormous powers granted under clause 31, nor was there a vote on clause stand part. However, clause 35 defines the local authorities to which those powers can now legitimately be applied. I refer to the enormous power under clause 31, which states:
''The amount of a grant under this section and the manner of its payment are to be such as the Minister of the Crown concerned may determine . . . A grant under this section may be paid on such conditions as the Minister of the Crown concerned may determine.''
What is there to prevent the authorities listed under clause 35 from receiving a grant under the powers under clause 31 that is outwith what would usually be understood as the vires of their proper authority? I know that it is absurd to suggest it, but what is to prevent a Minister from making a grant under subsection (1)(l) to
''a fire authority constituted by a combination scheme''
to run libraries? I am not asking the right hon. Gentleman to say that he has never considered such a thing. Under the powers granted under clause 31, what prevents such action from taking place? Obviously, we cannot determine what may motivate future Governments who may want to ride roughshod over certain parts of local government. I fear that we may have already sold the pass, but at least we have the opportunity to recognise that.