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Division No. 3


Addington, L.
Ashley of Stoke, L.
Avebury, L.
Beaumont of Whitley, L.
Berkeley, L. [Teller.]
Broadbridge, L.
Carlisle, E.
Clinton-Davis, L.
Cocks of Hartcliffe, L.
Donaldson of Kingsbridge, L.
Dormand of Easington, L.
Dubs, L.
Falkland, V.
Farrington of Ribbleton, B.
Fitt, L.
Geraint, L.
Graham of Edmonton, L.
Gregson, L.
Hamwee, B.
Harris of Greenwich, L.
Haskel, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hughes, L.
Jeger, B.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Kennet, L.
Kilbracken, L.
Lester of Herne Hill, L.
Lockwood, B.
McIntosh of Haringey, L.
McNally, L.
Methuen, L.
Monkswell, L.
Morris of Castle Morris, L.
Nicol, B.
Plant of Highfield, L.
Redesdale, L.
Russell, E. [Teller.]
Serota, B.
Shepherd, L.
Smith of Gilmorehill, B.
Stoddart of Swindon, L.
Strabolgi, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Thomson of Monifieth, L.
Tope, L.
Tordoff, L.
Turner of Camden, B.
Wallace of Saltaire, L.
White, B.
Williams of Elvel, L.
Winchilsea and Nottingham, E.


Aberdare, L.
Addison, V.
Ailsa, M.
Aldington, L.
Alexander of Tunis, E.
Allenby of Megiddo, V.
Ashbourne, L.
Astor of Hever, L.
Balfour, E.
Belhaven and Stenton, L.
Biddulph, L.
Blaker, L.
Blatch, B.
Blyth, L.
Boardman, L.
Bowness, L.
Boyd-Carpenter, L.
Brabazon of Tara, L.
Bridgeman, V.
Brigstocke, B.
Brougham and Vaux, L.
Bruntisfield, L.
Burnham, L.
Butterworth, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carnegy of Lour, B.
Carnock, L.
Chalker of Wallasey, B.
Chelmsford, V.
Chesham, L. [Teller.]
Clanwilliam, E.
Clark of Kempston, L.
Clitheroe, L.
Cochrane of Cults, L.
Courtown, E.
Cox, B.
Craigavon, V.
Cranborne, V. [Lord Privy Seal.]
Crathorne, L.
Cuckney, L.
Cumberlege, B.
Dean of Harptree, L.
Denham, L.
Digby, L.
Dixon-Smith, L.
Downshire, M.
Eccles of Moulton, B.
Ellenborough, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Feldman, L.
Ferrers, E.
Flather, B.
Fraser of Carmyllie, L.
Gainsborough, E.
Gardner of Parkes, B.
Goschen, V.
Gray of Contin, L.
Hailsham of Saint Marylebone, L.
Halsbury, E.
Hamilton of Dalzell, L.
Harding of Petherton, L.
Harmsworth, L.
Hayhoe, L.
Henley, L.
Hogg, B.
Holderness, L.
Hooper, B.
Howe, E.
Hylton-Foster, B.
Inglewood, L.
Kimball, L.
Kintore, E.
Knutsford, V.
Lane of Horsell, L.
Lauderdale, E.
Leigh, L.
Lindsay, E.
Liverpool, E.
Long, V.
Lucas, L.
Lucas of Chilworth, L.
McConnell, L.
Mackay of Ardbrecknish, L.
Mackay of Drumadoon, L.
Macleod of Borve, B.
Marlesford, L.
Masham of Ilton, B.
Massereene and Ferrard, V.
Mersey, V.
Miller of Hendon, B.
Monk Bretton, L.
Mottistone, L.
Moyne, L.
Munster, E.
Murton of Lindisfarne, L.
Nelson, E.
Newall, L.
Norfolk, D.
Norrie, L.
Northesk, E.
O'Cathain, B.
Oppenheim-Barnes, B.
Orr-Ewing, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Pearson of Rannoch, L.
Pender, L.
Pilkington of Oxenford, L.
Plummer of St. Marylebone, L.
Rankeillour, L.
Rawlings, B.
Rees, L.
Rennell, L.
Renton, L.
Renwick, L.
Romney, E.
St. Davids, V.
Saltoun of Abernethy, Ly.
Seccombe, B.
Sharples, B.
Shaw of Northstead, L.
Skelmersdale, L.
Soulsby of Swaffham Prior, L.
Strange, B.
Strathclyde, L. [Teller.]
Sudeley, L.
Swansea, L.
Swinton, E.
Teviot, L.
Thomas of Gwydir, L.
Tollemache, L.
Torrington, V.
Trumpington, B.
Vivian, L.
Wade of Chorlton, L.
Walker of Worcester, L.
Waterford, M.
Wharton, B.
Whitelaw, V.
Wilcox, B.
Wynford, L.
Young, B.

Resolved in the negative, and amendment disagreed to accordingly.

8 Jul 1996 : Column 48

5.32 p.m.

Lord Mackay of Ardbrecknish moved Amendments Nos. 9 and 10:

Page 98, line 35, after ("prescribe") insert ("other").
Page 98, line 36, leave out ("a") and insert ("local housing authorities generally or any particular").

The noble Lord said: My Lords, I have spoken to Amendments Nos. 9 and 10 along with Amendment No. 2. I beg to move the amendments en bloc.

On Question, amendments agreed to.

The Deputy Speaker: My Lords, in calling Amendment No. 11 I have to advise the House that were that to be agreed to I would not be able to call Amendment No. 12.

[Amendment No. 11 not moved.]

8 Jul 1996 : Column 49

Earl Ferrers moved Amendment No. 12:

Page 98, line 38, leave out ("any such regulations") and insert ("subsection (1A) and any regulations under subsection (2)").

The noble Earl said: My Lords, I spoke to Amendment No. 12 along with Amendment No. 2. I beg to move.

On Question, amendment agreed to.

The Deputy Speaker: My Lords, in calling Amendment No. 13 I have to advise the House that were that to be agreed to I would not be able to call Amendment No. 14.

[Amendment No. 13 not moved.]

Earl Ferrers moved Amendment No. 14:

Page 98, line 42, after ("by") insert ("subsection (1A) or").

The noble Earl said: I spoke to Amendment No. 14 with Amendment No. 2. I beg to move.

On Question, amendment agreed to.

Clause 154 [The housing register]:

[Amendment No. 15 not moved.]

Clause 155 [Operation of housing register]:

Earl Ferrers moved Amendment No. 16:

Page 99, leave out line 18 and insert--
("( ) When a local housing authority put a person on their housing register (on his application or otherwise), they shall notify him that they have done so.").

The noble Earl said: My Lords, in moving Amendment No. 16 I shall speak at the same time to Amendments Nos. 17 and 18. These amendments establish a formal review procedure for requesting a review of a decision to refuse to put somebody's name on a housing register or to remove it.

We have always been concerned to ensure that the benefits of a review procedure of this kind should somehow be made. The need for a formal review procedure is important where access to the housing register is concerned as this, in effect, controls access to long-term social housing. Your Lordships will no doubt be aware that many local authorities impose restrictions on access to their housing registers, for example, by reason of age or local connection. They will continue to be able to do so under the provisions of this part, subject to regulations made by the Secretary of State. The House has already discussed at some length the possible content of these regulations.

When the question of a formal review procedure was raised during Committee stage by the noble Baroness, Lady Hamwee, my noble friend Lord Mackay of Ardbrecknish said that he would consider bringing forward alternative proposals at a later stage, and that is what these amendments are.

Amendment No. 16 requires authorities to notify applicants that they have been placed on the housing register. Amendment No. 17 requires an authority to notify the applicant of an adverse decision, and of his right to request a review. Amendment No. 18 deals with the review process itself and the procedure for notifying

8 Jul 1996 : Column 50

applicants of a decision on a review. It enables the Secretary of State to make regulations about the form that the review process should take.

I hope the noble Baroness will not mind, even if her noble friend, Lord Russell, minds, that the Secretary of State will be able to make regulations to this. I do not think the noble Baroness will mind because we have tried to meet the points about which she was concerned, and we have brought these amendments forward to do just that. I beg to move.

Baroness Hamwee: My Lords, I welcome these amendments. With regard to the regulation-making powers, I retain a certain cynicism about regulation-making powers in general. There are only so many times in an afternoon when one can make the point. I accept that these things may need to be fleshed out.

I should like to ask the Minister a question as regards Amendment No. 18 which allows for provision, by regulations, in the new subclause (2),

    "requiring the decision on review to be made by a person of appropriate seniority ...".
Are the Government intending, by regulation, specifically to include or exclude members? Are the Government anticipating that the review will be made by a senior officer, or is it possible that members may be involved? I ask the point not in order to advocate the involvement of members--there are arguments as to whether or not that may be a good thing--but because I am genuinely interested in what the Government are proposing.

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