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Part Iii

Volume 591: debated on Monday 22 June 1998

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Minor And Consequential Amendments

The Public Records Act 1958

8. In Schedule 1 to the Public Records Act 1958 (definition of public records) the following entry shall be inserted at the appropriate place in Part II of the Table at the end of paragraph 3—

"National Lottery Commission."

The Parliamentary Commissioner Act 1967

9. In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation)—

(a) the following entry shall be inserted at the appropriate place—

"National Lottery Commission."; and.

(b) the entry relating to the Office of the Director General of the National Lottery shall be omitted.

The House of Commons Disqualification Act 1975

10. In the House of Commons Disqualification Act 1975—

(a) in Part II of Schedule 1 (bodies of which all members are disqualified) the following entry shall be inserted at the appropriate place—

"The National Lottery Commission;"; and.

(b) in Part III of that Schedule (other disqualifying offices) the entry relating to the Director General of the National Lottery shall be omitted.

The Northern Ireland Assembly Disqualification Act 1975

11. In the Northern Ireland Assembly Disqualification Act 1975—

  • (a) the same entry as is set out in paragraph 10(a) above shall be inserted at the appropriate place in Part II of Schedule 1; and
  • (b) in Part III of that Schedule, the entry relating to the Director General of the National Lottery shall be omitted.
  • The Tribunals and Inquiries Act 1992

    12.—(1) The Tribunals and Inquiries Act 1992 shall be amended as follows.

    (2) In section 7 (which restricts Ministers' powers to remove members of tribunals listed in Schedule 1 to that Act) in subsection (2) (tribunals to which that section does not apply)—

  • (a) after "33(a)," there shall be inserted "33AA,"; and
  • (b) the words "33A," shall be omitted.
  • (3) In Schedule 1 (tribunals under the supervision of the Council on Tribunals) paragraph 33A (which relates to the Director General) shall be omitted and after paragraph 33 there shall be inserted—

    "National Lottery33AA. The National Lottery Commission in respect of their functions under sections 10 and 10A of, and Schedule 3 to, the National Lottery etc. Act 1993 (c. 39), and any member, employee or committee of that Commission authorised under paragraph 8 of Schedule 2A to that Act to exercise any of those functions."

    The 1993 Act

    13. In section 14 of the 1993 Act (annual report) in subsection (2)—

  • (a) paragraph (a) (which relates to the first report of the Director General) shall be omitted; and
  • (b) after that paragraph there shall be inserted—
  • "(aa) the period beginning with the date on which section 3A comes into force and ending with the next 31st March, and".

    14. In section 20 of the 1993 Act (interpretation of Part I)—

  • (a) before the definition of "contravention" there shall be inserted—
    • ""the Commission" means the National Lottery Commission;"; and.
  • (b) the definition of "the Director General" shall be omitted.
  • 15.—(1) Section 31 of the 1993 Act (payments from Distribution Fund in respect of expenses) shall be amended as follows.

    (2) In subsection (2)—

  • (a) paragraph (a) (meeting payments made or to be made under paragraph 5 of Schedule 2) shall cease to have effect; and
  • (b) after that paragraph there shall be inserted—
  • "(aa) meeting payments made or to be made under paragraph 10 of Schedule 2A,".

    (3) Subsection (3) (which relates to subsection (2)(a)) shall be omitted.

    (4) At the end of the section there shall be added—

    "(4) In determining what amounts are appropriate for meeting the payments referred to in subsection (2)(aa), the Secretary of State shall take into account sums paid or to be paid into the Consolidated Fund under section 7(6)."").

    My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 4 to 9.

    Moved, That the House do agree with the Commons in their Amendments Nos. 4 to 9.—(Lord McIntosh of Haringey.)

    On Question, Motion agreed to.

    Commons Amendment

    10 Schedule 2, page 26, line 37, at end insert—

    ("Application to Scotland

    11. Paragraphs 7 and 8 do not extend to Scotland.").

    My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 10. In moving this amendment, I should like to speak also to Amendment No. 11. These are purely technical amendments to the provisions in Schedules 2 and 4 which deal with the execution of documents on behalf of the New Opportunities Fund and the National Endowment for Science, Technology and the Arts. Paragraphs (7) and (8) of both schedules stipulate how documents should be executed on behalf of both of those bodies. In Scotland there is no need to make it an express provision because this matter is already dealt with by the Requirements of Writing (Scotland) Act 1995, which is intended to govern execution of documents in all circumstances.

    The 1995 Act provides for documents to be executed on behalf of bodies corporate if signed by a member, the secretary or an authorised signatory and if signed either by one witness or sealed with the common seal of the body. I commend the amendment to the House.

    Moved, That the House do agree with the Commons in their Amendment No. 10.—(Lord McIntosh of Haringey.)

    My Lords, as the noble Lord says, these are technical amendments and we have no special observations to make about them. However, as we are being so very expeditious this afternoon, I should like to take the opportunity, first, to thank the noble Lord for his good humour in piloting the Bill through the House—

    My Lords, here is the sting. I only wish that the noble Lord's convictions or instructions—I do not know which have been more important—had not prevented him from accepting the very reasonable suggestions that we put forward which, in our view, would have produced a better, fairer and constitutionally more sound piece of legislation.

    The Government have rejected all amendments which would have enshrined in the Bill the principle of additionality. Although there was no danger that the additionality principle would be breached under the 1993 Act, it is clear that the main purpose of the Bill is to use lottery money to help finance the Government's own social programmes. The Government have refused all the amendments designed to protect the money going to the existing good causes—the arts, heritage, sport and charities—from capture by the New Opportunities Fund. The Government have rejected amendments which would have limited the power under the 1993 Act for the Secretary of State to reduce the share of each of the original good causes to below 13⅓ per cent.

    In the other place, the Government rejected amendments to hold them to their manifesto commitment not to set up the New Opportunities Fund until after the Millennium Commission was wound up. They rejected amendments before your Lordships' Committee which were designed to remove from the Bill the retrospective provision which backdated the apportionment of National Lottery money to 14th October, and which has cost the original good causes £141 million. We have tallied it up over the past six months. The Government rejected our attempts to prevent NESTA becoming a venture capital or new development agency. Finally, they rejected amendments which were designed to ensure that the arm's-length principle applied to the New Opportunities Fund.

    We believe that the Bill passes into law with weaknesses, injustices and broken promises which could have been avoided and which will cause problems in the years ahead.

    My Lords, I am grateful to the noble Lord for those kind personal comments. However, he will not be surprised if I resist the opportunity to treat this as another debate on Bill do now pass and if I defend, silently but not without conviction, the Bill against the strictures which the noble Lord has just made. I commend the amendment to the House.

    On Question, Motion agreed to.

    Commons Amendment

    11 Schedule 4, page 32, line 24, at end insert—

    ("Application to Scotland

    13. Paragraphs 7 and 8 above do not extend to Scotland.").

    My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 11.

    Moved, That the House do agree with the Commons in their Amendment No. 11.—(Lord McIntosh of Haringey.)

    On Question, Motion agreed to.

    Commons Amendment

    12 Schedule 5, page 32, line 26, at end insert—