General Purposes Committee. Free travel for old people. [1] Case for Opinion of Mr....

On 4 January 1949 Birmingham City Council of passed a resolution (minute 39,343) regarding the granting of certain free travel facilities for old people 'so far as the same may be found to be legally possible'. The Council had voted that passes should be available on or after the 1 April 1949 for persons over the age of 70 to afford them free use of city transport services between 10.00 am and 4.00 pm on every day except Saturdays. The General Purposes Committee was advised with the Finance Committee and the Transport Committee to find out how far it was legally possible for any costs to be borne by the General Rate Fund.

The Council was advised by E.J.C. Neep of the Temple, London, who drew up evidence of current transport services in Birmingham (trams, trolley vehicles and motor omnibuses) were analysed, along with the terms of reference of the Transport Committee (see BCC/1/BF) which coordinated these services. Evidence was also drawn up of the various concessions already granted to certain groups, such as Council employees, ex-service personnel, children and the disabled). It became obvious to the counsel (see BCC/1/AG/1/9/1/1 'Document 1') that the powers of charging fares and tariffs under the various local Acts and the Road Traffic Act were permissive rather than mandatory, yet some doubts were apparent as to whether the Corporation had full power to remit or vary charges for its complete discretion and for any kind of reason.

The Council sought the legal advice of counsel regarding the resolution of 1949, with particular attention to Sections 21 (7a), 26 (4) and 29 (1) of the National Assistance Act, 1948, under which a local authority was granted certain powers to make arrangements (including transport) for the benefit of classes of person mentioned in these sections, to which the Council resolution had only referred to age as a relevant qualification, not other criteria such as disabilities. Counsel was desired to advise on whether it would be lawful for the Corporation to act as per the resolution of 4 January 1949, and if so would it be desirable for the costs of such a scheme to be borne by the Transport Undertaking's accounts or the General Rate Fund. If the proposal was deemed unlawful suggestions for alternative schemes were invited, and what the legal consequences might be if the Council went ahead with the scheme without legal authority.

Although strictly relating to the transport function of the Council, the papers were originally wrapped in an envelope marked with a label entitled 'General Purposes Committee' with a departmental reference number of that committee. Since the committee did effectively act in tandem with other committees on a variety of non-specific projects, often in conjunction with legal cases concerning more than one committee, the papers have been catalogued as part of the other General Purposes Committee papers.