I want to speak in passing in support my noble friend’s amendment, but largely to support the amendment tabled by the noble Baroness, Lady Byford, Amendment No. 121. I am not sure why we are discussing these two together because they seem to be completely different, but that is the way things sometimes happen.
Subsection (6) on page 13 raised questions in my mind, from my suspicious local councillor point of view, that it was an attempt to strip local authorities of their powers. I should point out that I am no longer a member of a commons registration authority. The Minister’s comments allayed my fears to some extent, but I still have a couple of questions on the procedure. Who will appoint the person who will make the further investigations? Will it be a matter of, as I originally said, the appropriate national authority or will it be the Government over the heads of the commons registration authority? Is it merely giving the commons registration the power to appoint someone to conduct appropriate investigations and to make recommendations in a particular case? In other words, is the power that is set out one for the commons registration authority, or is it for the national authority to say to the former, ““You must do it in this case””? If it is the second, the Minister must explain why it is necessary in any particular case.
Secondly, I want to probe whether the difference in the wording of subsection (6) means anything. It states:"““Regulations under this section may also make provision for the appointment of a person to discharge any (or all) of the functions of a commons registration authority . . . in relation to an application or proposal””."
The second part of the subsection, giving authority specifically to the appropriate national authority, misses out the words,"““in relation to an application or proposal””."
It merely states:"““to appoint a person to discharge functions of a commons registration authority””."
Is there any difference in that? The second part causes me concern because, if read literally, it would allow the appropriate national authority to appoint a different person to discharge all the functions of a particular commons registration authority. That draconian situation should not be allowed to pass without question. What does it mean and why does the Minister believe that it might be necessary in the case of any particular authority?
Commons Bill [HL]
Proceeding contribution from
Lord Greaves
(Liberal Democrat)
in the House of Lords on Tuesday, 25 October 2005.
It occurred during Debate on bills
and
Committee proceeding on Commons Bill [HL].
Type
Proceeding contribution
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674 c278-9GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
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