Clause 6. — (Special provisions as to local government superannuation schemes during periods of emergency.)

Orders of the Day — Superannuation (Miscellaneous Provisions) Bill – in the House of Commons at 12:00 am on 23 April 1948.

Alert me about debates like this

Photo of Mr Henry Berry Mr Henry Berry , Woolwich West 12:00, 23 April 1948

I beg to move, in page 11, line 34, to leave out from "shorter," to the end of line 35.

I would remind the House that Clause 6 was inserted during the Committee stage of this Bill with the object of preserving the accrued pension rights of any members of local authority staffs who lost their employment as a result of action taken by his employers, at the instigation of the Minister of Health, to reduce capital expenditure. The intention of the Clause is to allow such an employee who leaves the authority's service to reckon his earlier period of service in full for pension purposes. At the beginning of today's proceedings Subsection (3) of Clause 6 defined the period as: a period of five years from the date of cessation of employment; or a period ending twelve months after the expiration of the period of emergency, … or such longer period as the Minister of Health may, in any particular case, allow. I should like to pay tribute to those responsible for the arrangement of the proceedings today. One Amendment has been moved and has deleted the second of the foregoing definitions. There still remains, however, the power to enable the Minister to extend the period. I suggest that we should engage in an act of faith, because to leave in this power would indicate that in the opinion of the Government a period of emergency under which the local government employees have lost their local government posts is likely to last longer than five years. That is not my opinion, nor do I think it is the opinion of the Government, but the fact that it is left in might give rise for doubting Thomases to suggest that the Government had that opinion.

The effect of my Amendment would be to leave the period as five years so that the definition would end with the words "cessation of employment "in line 32. I hope that those responsible for the Bill will see their way clear to adopt this Amendment.

Photo of Mr John Edwards Mr John Edwards , Blackburn

My hon. Friend will agree that there is no difference of opinion between us on the broad intentions of the Clause. Nobody has said there is anything wrong in the Clause in a general kind of way. What we have to settle is whether we should remove the discretion which the last part of the Subsection gives to the Minister of Health. One does not need to take any pessimistic or optimistic view about the likely period, as my hon. Friend suggested merely on what is on this Bill. There is a lot to be said for having this discretion. I know that discretion is often difficult to exercise and that there are people—although my hon. Friend is not one of them—who are suspicious of the exercising of discretion by Ministers. I will quote the case of an example which might arise, however, and see whether my hon. Friend will agree with me, that there is a case for the exercising of discretion.

There might be an employee possibly in his own borough, who had been displaced because of nationals retrenchments. The man might do his best to get another job and after a time does, in fact, manage to get a job. He gets it, however, in accordance with a contract that ties him for a certain period. Let us suppose that the contract expires when the man has served five years and one month after he has ceased his employment with the local authority. If such a case were to arise in Woolwich, my hon. Friend would be the first person to come and see whether we could let that very difficult case go through.

We do not intend that this power shall be used except in the most difficult and exceptional cases, but we should like to have the room in which to move in case we should ever meet the genuinely hard case where it would be everybody's wish to do the right thing. I hope, therefore, that my hon. Friend will let us retain this provision without the necessity of the House having to divide.

Photo of Mr Henry Berry Mr Henry Berry , Woolwich West

On the undertaking of the Parliamentary Secretary that this power will be used only for very hard cases, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Bill read the Third time, and passed.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

Amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.