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Lords' Amendments

Volume 203: debated on Wednesday 3 August 1870

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Lords' Amendments considered.

said, he rose to move an Amendment to the Lords' Amendment to the 5th clause. As the clause had been altered by the other House, it proposed that notice should be given to every occupier and owner of every house in any street of the intention to lay down a tramway; but he proposed that only the same notice should be given in the case of a Provisional Order as in the case of a Private Bill.

Page 3, line 30,

Leave out the words "according to the regulations contained in Part One of the Schedule B to this Act," and insert the words "and they shall, on or before the fifteenth day of the following month of December, serve a copy of such notice upon the owner and occupier of every house, shop, or warehouse abutting upon any road or upon the part of any road along which it is proposed to lay any tramway according to the regulations contained in Part One of the Schedule B to this Act annexed,"

the nest Amendment, read a second time.

Amendment proposed,

To leave out from the word "serve" to the end of the Amendment, in order to add the words "notice of such intention in accordance with the Standing Orders (if any), of both Houses of Parliament for the time being in force with respect to Bills for the construction, of Tramways,"—(Mr. Shaw Lefevre,)

—instead thereof.

said, he would support the Lords' Amendment. It was of great importance that the owners and occupiers of houses and shops in streets should have a voice in the matter, and have an opportunity of stating whether they desired to have tramways laid down before their houses or not.

said, he desired to support the Amendment of the Secretary to the Board of Trade (Mr. Shaw Lefevre). Under that Amendment every necessary protection would be given to owners and occupiers, and unless it were passed very great obstacles would be thrown in the way of the promoters of tramways.

said, that if the Lords' Amendment were maintained it would throw great expense upon the promoters of tramways, who would then proceed by Private Bills instead of by Provisional Orders. If it were found by experience that the notice to be given under his Amendment were insufficient it would be competent for the House to alter the Standing Order on the subject.

Question, "That the words proposed to be left out stand part of The Lords' Amendment," put, and negatived.

Question put, "That the words

'Notice of such intention in accordance with the Standing Orders (if any), of both Houses of Parliament for the time being in force with respect to Bills for the construction of Tramways,'

be added, instead thereof."

The House divided:—Ayes 35; Noes 14: Majority 21.

Lords' Amendment, as amended, agreed to.

Clause 12 (Confirmation of Provisional Order by Act of Parliament).

said, he wished to call attention to an extraordinary provision introduced by the Lords, the effect of which would be that the Bill when passed into law would prescribe the time at which the House of Commons would allow Bills to be introduced. At present the Standing Orders as to the time when Private Bills should be introduced might be suspended, and he submitted that the same liberty of action should be reserved with regard to Provisional Orders. The effect of the Lords' Amendment would in a measure make the time for allowing a Bill to be introduced dependent on the consent of the other House. It appeared to him that was not a position in which the House of Commons should be placed. He would therefore ask the House to disagree to the Lords' Amendment, and he would undertake to move a Standing Order regulating the time when Bills for the confirmation of Provisional Orders should be introduced, and which would meet all the objects of the Upper House.

Amendment disagreed to.

said, he would beg to move the omission of words from Schedule A, Part III. which were inserted by the Lords, and which seemed to him to interfere with local government. If those words were allowed to remain a few persons in a place might contravene the action of the representative body of the whole constituency.

Amendment proposed,

"Schedule A, Part III., to disagree to the last nine paragraphs commencing with the words 'where any such resolution,' page 33."—(Mr. Cawley.)

said, he would support the Motion. The Amendment of the Lords would upset municipal government, and would at the same time prove quite impracticable. The Town Councils fairly represented the various places where they sat, and the matter might fairly rest in their hands whether a tramway should be laid down or not.

said, he concurred in the view which the hon. Gentleman had taken. The effect of the Lords' Amendment would be to deprive the Bill of much of its utility. The essence of the Bill was that the local authorities should, under certain conditions, have the power to agree to the construction of those rails.

said, the House of Lords attached great importance to this Amendment; but if the House was of opinion that it should not be adopted, he would not oppose the Motion.

Amendment disagreed to.

Subsequent Amendments road a second time; several agreed to; several amended, and agreed to; several disagreed to.

Committee appointed, "to draw up Reasons to be assigned to The Lords for disagreeing to the Amendments to which this House hath disagreed:"—Mr. SHAW LEFEVRE, Mr. Secretary BRUCE, Mr. DODSON, Mr. SOLICITOR GENERAL for IRELAND, Lord JOHN HAY, Mr. JAMES LOWTHER, Mr. GRAVES, Mr. GLYN, and Mr. CAWLBY:—To withdraw immediately; Three to be the quorum.

Reasons for disagreeing to Lords Amendments reported, and agreed to.

To be communicated to The Lords.