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Baroness Chalker of Wallasey: My Lords, the matter has been discussed informally, but it has not been raised in the Security Council. I cannot give the noble Lord a direct answer of who said what to whom, but I shall make further inquiries and let him know what I can tell him.

Business of the House: SSRB Recommendations

3.7 p.m.

The Lord Privy Seal (Viscount Cranborne): My Lords, with the leave of the House, I should like to redeem my undertaking given last week to the noble Lord, Lord Richard, and make a brief Statement about the position in regard to your Lordships' reaction to the recommendations of the SSRB. When I moved the Motion to approve the Ministerial and other Salaries Order last Tuesday, a number of your Lordships understandably raised questions about Peers' expenses. I indicated then that I was looking to hold discussions with the other leaders and Whips and with the Convenor of the Cross Benches. I indicated also that I hoped to be able to give a progress report of those discussions before the House adjourned for the Summer Recess. It is for that purpose that I crave your Lordships' indulgence this afternoon, although I hope your Lordships will understand that I cannot be too specific at this moment.

The meeting to which I referred has now taken place. I was most grateful to my opposite numbers for the constructive view that they took and the number of suggestions that they made. A number of concerns were of course raised. I have undertaken to consult further on those particular matters. In particular, I have agreed to explore, through the appropriate channels, whether it would be possible for the SSRB to look further at a

22 Jul 1996 : Column 1174

number of those points. I hope therefore that your Lordships will be content to leave the matter there for the moment, on the clear understanding that in the light of progress, or indeed the lack of it, I should be able to report further to the House in due course.

Lord Richard: My Lords, perhaps I may say on behalf of this side of the House that we are grateful to the Lord Privy Seal for making that Statement. He is accurate. The meeting did take place. I am glad that he thought that it was helpful. I thought that it was helpful. I hope that he came out of it feeling that his elbow had been strengthened. I hope that he will now continue to use his elbow in the direction that the people who took part in that meeting obviously thought that it should be used. Having said that, I wish him joy!

Trusts of Land and Appointment of Trustees Bill [H.L.]

The Lord Chancellor (Lord Mackay of Clashfern): My Lords, I beg to move that the Commons amendments be now considered.

Moved, That the Commons amendments be now considered.--(The Lord Chancellor.)

On Question, Motion agreed to.

COMMONS AMENDMENTS
[The page and line refer to Bill (123) as first printed by the Commons.]
COMMONS AMENDMENT

1

Schedule 4, page 29, line 3, column 3, at end insert--


'In section 60, paragraphs (b) and (c) of the proviso to subsection (4).'.

The Lord Chancellor: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1. Since all the amendments are of a similar technical nature, I believe that it would be appropriate to speak also to Amendments Nos. 2, 3 and 4.

All of the amendments concern purely consequential repeals. Amendment No. 1 provides for the repeal of provisions in Section 60(4) of the Law of Property Act 1925 which require fewer words in the deed creating an entailed interest than was the case before 1925. Since it will no longer be possible to create entailed interests in future, these provisions will become superfluous and the amendment removes them in order to avoid confusion. Amendments Nos. 2 to 4 are necessary to ensure the repeal of certain provisions in other legislation which operate by reference to trusts for sale and the doctrine of conversion and which will accordingly become obsolete as a result of the conversion of trusts for sale into trusts of land and the abolition of the doctrine of conversion by this Bill. They are necessary because the provisions which they affect are either contained in or provided for by the Housing Bill and Housing Grants, Construction and Regeneration Bill, both of which will, as regards the relevant provisions, be in force before the

22 Jul 1996 : Column 1175

trusts of land reforms. Had the order of commencement turned out to be the other way around, it would have been the other Bills which required amendment.

Moved, That the House do agree with the Commons in their Amendment No. 1.--(The Lord Chancellor.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

2

Schedule 4, page 33, leave out lines 19 to 22.


3

Page 33, line 37, column 3, at beginning insert--


'In section 93A(4)--the words ", or by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale",the words ", or by that section as so applied,", andthe words "or by trustees for sale".'.

4

Page 33, line 54, at end insert--


'1996 c. 00.The Housing Grants, Construction and Regeneration Act 1996.Section 55(4)(b).Section 73(3)(b).In section 98(2)(a), the words "or to the proceeds of sale of the dwelling".'.

The Lord Chancellor: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 2 to 4.

Moved, That the House do agree with the Commons in their Amendments Nos. 2 to 4.--(The Lord Chancellor.)

On Question, Motion agreed to.

Damages Bill [H.L.]

The Lord Chancellor: My Lords, I beg to move that the Commons amendments be now considered.

Moved, That the Commons amendments be now considered.--(The Lord Chancellor.)

On Question, Motion agreed to.

COMMONS AMENDMENTS
[The page and line refer to Bill (148) as first printed by the Commons.]
COMMONS AMENDMENT

1

Clause 5, page 4, line 13, at end insert--


'(8) Where--
(a) an agreement is made settling a claim or action for damages for personal injury on terms whereby the damages are to consist wholly or partly of periodical payments;
(b) the person against whom the claim or action is brought (or, if he is insured against the claim, his insurer) purchases one or more annuities; and

22 Jul 1996 : Column 1176


(c) a subsequent agreement is made under which the annuity is, or the annuities are, assigned in favour of the person entitled to the payments (so as to secure that from a future date he receives the payments as the annuitant under the annuity or annuities),
then, for the purposes of section 4 above, the agreement settling the claim or action shall be treated as a structured settlement and any such annuity assigned in favour of that person shall be treated as an annuity purchased for him pursuant to the settlement.
(9) Subsections (2) to (7) above shall apply to an agreement to which subsection (8) above applies as they apply to a structured settlement as defined in subsection (1) above (the reference in subsection (6) to subsection (1)(b) being read as a reference to subsection (8)(b)).'.

The Lord Chancellor: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1.

This is a technical amendment to ensure that the enhanced policyholders protection conferred by Clause 4 will apply regardless of when the person entitled to the payments becomes policyholder of the annuity which is central to the structured settlement. It was moved in the other place when it became apparent that Clauses 4 and 5 might not be effective when that person became the policyholder by assignment after the structured settlement was first set up.

Moved, That the House do agree with the Commons in their Amendment No. 1.--(The Lord Chancellor.)

On Question, Motion agreed to.

COMMONS AMENDMENT

2

Clause 8, page 5, leave out lines 25 to 28.

The Lord Chancellor: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 2, which is a privilege amendment.

Moved, That the House do agree with the Commons in their Amendment No. 2.--(The Lord Chancellor.)

On Question, Motion agreed to.

Deer (Scotland) Bill [H.L.]

Report received.

Then, Standing Order 44 having been suspended (pursuant to Resolution of 18th July), Bill read a third time, and passed, and sent to the Commons.

Asylum and Immigration Bill

3.14 p.m.

Baroness Blatch: My Lords, I beg to move that the Commons reasons and amendments be now considered.

Moved, That the Commons reasons and amendments be now considered.--(Baroness Blatch.)

On Question, Motion agreed to.

22 Jul 1996 : Column 1177

AMENDMENTS TO BE MOVED ON CONSIDERATION OF COMMONS REASONS AND AMENDMENTS
[The page and line refer to Bill (51) as first printed by the Lords.]
LORDS AMENDMENT

6

Clause 3, page 3, line 33, after ("under") insert ("Part II of the 1971 Act (appeals: general) or")


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