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Help For Aggrieved Persons In Obtaining Information Etc

Volume 897: debated on Saturday 16 August 1975

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Lords Amendment: No. 39, in page 42, line 34, leave out from "manner" to "omitted" in line 6 on page 43 and insert:

"the Secretary of State shall by order prescribe—
  • (a) forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant;
  • (b) forms by which the respondent may if he so wishes reply to any questions.
  • (2) Where the person aggrieved questions the respondent (whether in accordance with an order under subsection (1) or not)—
  • (a) the question, and any reply by the respondent, whether in accordance with such an order or not, shall, subject to the following provisions of this section, be admissible as evidence in the proceedings;
  • (b) if it appears to the court or tribunal that the respondent deliberately, and without reasonable excuse".
  • I beg to move, That this House doth agree with the Lords in the said amendment.

    With this it will be convenient to take Lords Amendments Nos. 40 to 45.

    We held a lengthy, slightly erudite debate on this matter during the Report proceedings. A number of constructive and useful criticisms were made. The purpose of these amendments is to take account of the criticisms made mainly by the hon. and learned Member for Southport (Mr. Percival). They were discussed in the House of Lords and I hope will prove acceptable to this House.

    Question put and agreed to.

    Subsequent Lords amendments agreed to.