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Commons Chamber

Volume 410: debated on Wednesday 2 May 1945

House of Commons

Wednesday, May 2, 1945

The House met at a Quarter past Two o'clock

Prayers

[Mr. SPEAKER in the Chair ]

Private Business

Ministry of Health Provisional Order (Irwell Valley Water Board) Bill

Read a Second time, and committed.

Oral Answers to Questions

Questions

Greek Detainees, Bardia (Repatriation)

asked the Secretary of State for Foreign Affairs how many Greeks, sent to Egypt from this country on board a British ship, in July, 1944, are still detained in the Greek naval prisoners-of-war camp at Bardia; and whether he is aware that many of them have not been tried in any court and have had no specific charges lodged against them.

The total number of Greek seamen who have been interned at Bardia amounts to about 2,500. Arrangements for the repatriation of all these men to Greece are now in hand. I understand that this total includes 76 Greeks who were sent to Egypt from this country in July, 1944. I believe it is correct that the majority of them have not been brought to trial.

Will my right hon. Friend bear in mind that these Greeks are very alarmed lest when they get back to Greece they should be exiled to the islands? Would he remand the Greek Government that that would make a bad impression in this country?

I understand that it is the intention of the Greek Government that when these men get back to Greece those who have not been sentenced will be released to their homes. So far as the men who have been sentenced are concerned, I understand that in a great many cases the sentences have been commuted and, in consequence, some of those will go back to their, homes, too.

Does that mean that those established in England will be allowed to return to this country?

Germany

Control Commission (Service Personnel)

asked the Secretary of State for Foreign Affairs why Service personnel serving on the Control Commission in Germany are not to receive the same rates of pay and the same allowances and enjoy the same facilities regarding free accommodation and messing as are to be accorded to civilian members of the Commission.

As regards the rates of pay of these two classes of personnel employed in the British element of the Control Commission for Germany, I would refer my hon. Friend to the reply given to the Question on this subject asked by the hon. Member for Down (Dr. Little) on 26th April. As regards the free accommodation and messing of Service personnel these must, like rates of pay, follow the normal Service rules.

Can my right hon. Friend say why Service personnel should be at a great disadvantage compared with civilian personnel when both are carrying out exactly the same duties?

I can give a reason why the treatment should be different, but I do not accept the suggestion that Service personnel are at a great disadvantage. The reason why there must be different treatment is that the conditions of Service personnel must be equated to the ordinary Army rules. For instance, they must be equated to the conditions under which the Army of Occupation serves, but the conditions for civilian personnel have to be equated to conditions in the Civil Service.

Is my right hon. Friend aware that the emoluments for civil servants are such as to enable them to pay for their own accommodation, and that now they are to receive the same emoluments and have the accommodation given to them?

I do not think it is possible to draw an exact comparison between Service conditions and civilian conditions, but I am satisfied that in general the Service element is not at a disadvantage.

Will my right hon. Friend publish in the OFFICIAL REPORT the rates of remuneration and allowances accorded to civilian members, so that they can be compared with those for Service members?

Concentration Camps (Visits by Church Representatives)

asked the Secretary of State for Foreign Affairs if he will instruct the British Minister at the Vatican to make arrangements for German Roman Catholic bishops and high officials of the Vatican to visit the concentration camps as they are overrun by British and U.S.A. forces in order that the Church may have fully-authenticated evidence of the Nazi crimes against Christian civilisation.

The making of arrangements for visits to these concentration camps are a matter for the Supreme Commander, Allied Expeditionary Force. While His Majesty's Government see no reason to ask for any special invitations to be issued to the Vatican, they would certainly view with favour any request the latter might make for their representatives to be allowed to visit the camps, and would support it with Supreme Allied Headquarters. The possibility of including representatives of the Roman Catholic Church and other religious bodies in Germany in any visits arranged for German nationals has, I understand, already been suggested to Supreme Allied Headquarters.

Can my right hon. Friend, say that if representatives of any of the Churches, not only Roman Catholic, make application, facilities will be afforded?

As I have said, that is a matter for the Supreme Commander, and he is familiar with our views.

Have there not been concentration camps in Italy for some time? They might have taken a look at them.

Jewish Counter-Propaganda

asked the Secretary of State for Foreign Affairs whether, since the Jews were the only people singled out daily for anti-racial propaganda in Germany, he will consider affording them early facilities to use the radio in Germany for counter-propaganda.

The use made of radio stations in those parts of Germany occupied by British and American forces is at the moment the responsibility of the Supreme Allied Commander, and I think it can be left to him to employ them to the best advantage. I have no doubt that in any programmes which may be broadcast from German stations under the Supreme Commander's control full publicity will be given to the position of the Jews and the systematic atrocities committed against them.

War Crimes (Streicher)

asked the Secretary of State for Foreign Affairs whether Streicher, the Nazi persecutor, is on the list of war criminals, and if he has been caught.

Streicher has certainly been listed. I have no report so far of his capture.

Does my right hon. Friend know where Goebbels, Goering and Himmler are, and will he see that all of them are brought to trial?

Questions

Spain (Non-Intervention Committee)

asked the Secretary of State for Foreign Affairs what is the present position regarding the winding-up of the affairs of the International Committee for Non-intervention in Spain in this country.

The final meeting of the Nonintervention Committee was held on 20th April, 1939. At this meeting it was agreed that the several activities of the International Board should be closed down as rapidly as possible, and that the international funds connected therewith should be disposed of according to an agreed plan. On the outbreak of war in September, 1939, the Secretary to the Board, after first notifying the members in advance, closed the offices of the Board and dispersed the staff with the exception of one financial officer. With the outbreak of war it became impossible to carry out liquidation of the several international funds. It will be necessary after the war for the accounts to be completed and audited, and any funds remaining must then be distributed.

Could the Minister tell us whether, during the period of the existence of the Non-intervention Committee, they ever discovered any intervention on the part of Hitler and Mussolini in Spain?

German V Weapons (Information)

asked the Secretary of State for Foreign Affairs why information regarding German V weapons and their emplacements given to Sir Knatchbull-Hugessen, His Majesty's Ambassador in Turkey in February, 1943, was ignored; and whether he will now make this information available to Members of this House.

Sir H. Knatchbull-Hugessen informs me that he, himself, has no recollection of having received any such information. Nor do the archives of His Majesty's Embassy at Angora contain any trace of it.

That answer does not surprise me at all. Is not the right hon. Gentleman aware that the facts with regard to the matters mentioned in the Question were laid before His Majesty's Ambassador in Turkey, and were deliberately suppressed? [HON. MEMBERS: "Oh."] Yes, and were passed on to the American Ambassador, who took notice of them. Will the right hon. Gentleman make an examination of the facts?

No, Sir, I am not aware of that, and in the light of what Sir Knatchbull-Hugessen told me I am afraid that I cannot give credence to it.

Egypt (British Interests)

asked the Secretary of State for Foreign Affairs if he is aware of the legislation now pending in the Egyptian Parliament, at the instance of the Government of Egypt, of which the effect will be the restriction of British trade in that country and the discharge of many British subjects from positions which the Egyptian Government proposes to bar to British subjects although wholly in the pay of British firms; and what representations he has made to the Egyptian Government on this subject.

Yes, Sir. I am aware that such a law appears to be under contemplation. It has not, however, yet been introduced into the Egyptian Parliament. I am also aware that its reported terms have caused, and I think reasonably caused, the gravest anxiety among foreign communities in Egypt. The matter has already been discussed with the Egyptian Prime Minister, and I am not without hope that the fears of foreign traders may be eventually allayed.

Have not the Egyptians made more money out of us than anybody else?

While my right hon. Friend is making representations on this matter, would he also make representations regarding the fact that all books and accounts are required to be kept in Arabic?

Syria and Lebanon (Gendarmerie Equipment)

asked the Secretary of State for Foreign Affairs whether, if Syria and the Lebanon are not to be supplied with automatic weapons and reconnaissance cars for their gendarmeries from British sources; he will see that no difficulties are placed by our authorities in the way of their purchasing this essential equipment from the Iraqis, the Egyptians or the U.S.A.

I cannot add to the replies given to previous questions about this matter, which is still under discussion.

As this question has been pending for months, is it not time a decision was come to?

I would recommend my hon. and gallant Friend to accept the advice which my right hon. Friend the Foreign Secretary gave to him a week or two ago.

Is it not a fact that we have subscribed to the independence of Syria and the Lebanon, and if that be so, why are they not allowed to arm their gendarmerie in any way they like?

Will the Minister give us an assurance that the armament rings will not be encouraged to foist weapons on them?

On a point of Order. The Minister made a statement, Mr. Speaker, in answer to my Question and referred me to what the Secretary of State for Foreign Affairs is alleged to have said to me a week or two ago. There is an implied criticism in this, which I do not accept. Furthermore, I have had no such conversation, as is alleged, with the Foreign Secretary.

British Subjects, Switzerland (Repatriation)

asked the Secretary of State for Foreign Affairs how long it is likely to be before all British subjects now resident in Switzerland who desire to return to this country will be repatriated.

There are some 200 British subjects in Switzerland who wish to come here as soon as they can. For military reasons and as a result of the shortage of transport in France and of accommodation in Paris, it has only just become possible for repatriation to begin. Small parties of about 10 British subjects are now coming here weekly, priority being given to the wives of serving men. At this rate some months would elapse before repatriation was complete, but I hope that, with improved facilities, this period will be considerably curtailed. I am afraid, however, that I can at present make no prediction.

Will the Government continue to give priority to the families of ex-Servicemen?

Poland

Polish Representatives (Whereabouts)

11 and 12.

asked the Secretary of State for Foreign Affairs (1) whether he has now received any answer to the inquiries addressed by him to the Soviet Government with regard to M. Witos, the former Polish Prime Minister, who was taken away from his home near Cracow on 31st March;

(2) whether he has now received a reply to the inquiries which he has made of the Soviet Government as to the whereabouts of M. Jankowski, Vice-Premier of Poland, three Cabinet Ministers and 11 other representatives who were carried away by the Soviet authorities on 28th March.

asked the Secretary of State for Foreign Affairs whether he has yet any information concerning the whereabouts and condition of the Vice-Premier of the Polish Government in London, the three other Ministers and eight representatives of four Polish political parties who visited the headquarters of the Russian General Ivanoff at his invitation on 28th March, 1945.

asked the Secretary State for Foreign Affairs whether he has yet received from the Russian Government information with regard to the fate of the 15 Polish political leaders who have disappeared, and about whose disappearance the gravest concern is felt by the Polish Government in London.

asked the Secretary of State for Foreign Affairs whether the inquiries which he has made of the Soviet Government regarding the whereabouts of a number of Polish representatives, including Messieurs Witos and Jankowski, have, as yet, placed him in a position to give any information on the subject.

His Majesty's Government have not ceased to press the Soviet Government as to the whereabouts of the prominent Poles referred to. No information has, however, been received by His Majesty's Embassy at Moscow in reply to their repeated inquiries. I regret that I can give the House no assurance as to the safety of the persons mentioned in the Questions.

Does not the right hon. Gentleman realise that a month has now elapsed since these gentlemen were carried off and that the anguish of their Polish colleagues in the Ministry is intense? Were they not offered a safe conduct by General Iyanoff?

I certainly fully understand the point which my hon. Friend has made. As I said, we have made repeated inquiries of the Soviet Embassy and in Moscow, and so far have had no reply whatever. That is a matter which His Majesty's Government regret.

Does my right hon. Friend realise that not only the Polish authorities are suffering from great anxiety, but public opinion in this country is violently aroused about this?

In view of this situation in which between Allies we apparently are unable to get a civil reply to a civil question, will not my right hon. Friend take some extra steps to ensure obtaining a reply?

Will my right hon. Friend telegraph at once to the Foreign Secretary to ask him to talk to Mr. Molotov about this and ask Mr. Molotov to give personal attention to it?

I can assure my hon. and gallant Friend that the Foreign Secretary has done, and is still doing, all he can to obtain information on this point.

Is the Minister aware that hundreds of people have been taken from their homes in Ulster and their relatives are suffering great anxiety, and will he take that matter up?

On a point of Order, Mr. Speaker. Is it open to an hon. Member to raise an entirely different question which has got nothing to do with the Question on the Paper, and if so, can we have a debate on it?

A supplementary question must always be relevant to the Question on the Paper.

Reported Executions

asked the Secretary of State for Foreign Affairs if he is aware that a public meeting was held, on 14th April, in Siedece, in Poland, at which representatives of the Lublin Government announced forthcoming elections on a one-party basis; that 24 Poles who opposed the speakers were publicly executed in the market place by Lublin special police in the presence of senior officers of the Russian police; that on 15th April five other Poles were shot, two of whom were American citizens of Polish descent; that on 16th April a further six Polish farmers were publicly hanged without trial; and if, in view of the Yalta agreements, he will make representations to secure the avoidance of such incidents in future.

His Majesty's Government have received one report which appears to bear upon two of the incidents described by my hon. and gallant Friend, but does not altogether correspond with the details he has given. They are, however, unable to confirm the truth of this report or to acquire information regarding events in Poland, since they do not recognise the present Provisional Government in Warsaw and, therefore, are not officially represented in Poland; nor have the Soviet authorities granted facilities for British observers to proceed to areas which are on the lines of communication of the Red Army. Inquiries have been made, however, of the Soviet Government regarding the reports referred to by my hon. and gallant Friend.

If we are to collaborate with our Ally successfully in the time before us, is it not very necessary that there should be a great deal more frankness in the communications which we receive from the Soviet Government on this and allied matters?

Foreign Service

Widows' Pensions

asked the Secretary of State for Foreign Affairs if he will give a list of the pensions still granted out of the Civil List to widows of diplomatic and consular officers in view of the distinguished public services of their late husbands, their straitened or necessitous circumstances, or their inadequate means of support; and why the facts have not been published in the Foreign Office List since 1921.

I will, with permission, circulate this answer in the OFFICIAL REPORT.

Following is the answer:

The following pensions are still being drawn from the Civil List by widows of diplomatic and consular officers:

Acting King's Messengers

asked the Secretary of State for Foreign Affairs whether he is aware that the acting King's F.S. messengers and local couriers enlisted after the last war by the Communications Department of the Foreign Office are still employed on a temporary basis, subject to one month's notice; and whether he will arrange that those officials with a minimum of 20 years' service shall be entitled to pensions.

The position of the acting King's Messengers referred to is that their appointment is for the duration of the war or for such longer period as their services may be required. The grant of pensions is governed by the Superannuation Acts and temporary unestablished personnel are not eligible for pensions. I hope that after the war the posts which are likely to be required as a permanency will be established posts and that the holders will be pensionable. I cannot say at this stage how the posts will be filled, but I will certainly consider the cases which the hon. Member has in mind.

Is the right hon. Gentleman not aware that some of these King's Service Messengers, who have served the country in very responsible posts, expect that after the war they will be sacked and younger men will be taken on? Will he make sure that that does not occur, because it would be a disgrace?

I think the hon. Member's information is not altogether correct. The position, as I understand it, is that the engagement of the officers in question, those who have served a large number of years on a temporary basis, terminated at the beginning of this war and they were then given a gratuity. Some were reengaged again on a temporary basis.

The gratuity could be taken into account. It would be wrong that they should not get a pension after their service.

Austria

Provisional Government

asked the Secretary of State for Foreign Affairs whether he can make any statement about the Provisional Government established in Austria; whether the British Government was consulted about its formation; and whether Austria and Vienna have been divided into zones of occupation.

Yes, Sir. On 26th April His Majesty's Chargé d'Affaires in Moscow was informed by the Soviet Government that, on the entry of the Red Army into Austrian territory, the Soviet Commandant had been approached by Dr. Karl Renner, a past Chancellor of the Austrian Republic, with a suggestion for the formation of a provisional Austrian Government. His Majesty's Charge d'Affaires was at once instructed to inform the Soviet Government that His Majesty's Government would require time to consider the matter, which was of equal concern to all the Four Powers who are to participate in the occupation and control of Austria. However, on 29th April a broadcast from Moscow announced that a provisional Austrian Government had been established under Dr. Renner. The whole question is being taken up with the Soviet Government, both by His Majesty's Government and the United States Government, with whom we are in complete agreement, and I should prefer to say nothing further at present. As regards the occupation of Austria, this will be effected by British, American, Soviet and French forces and the zones in Austria as a whole have been agreed. The precise delimitation of zones in Vienna itself is under active consideration by the Four Powers.

While regretting that this action was not taken by the Allies jointly according to the understanding arrived at in Yalta, in view of the representative character of the Provisional Government and the standing and record of all the Ministers appointed, will His Majesty's Government at the first opportunity consider giving it full recognition?

Can my right hon. Friend give us some assurance that British Press representatives will be sent to Vienna as soon as possible?

That is one of the matters which I hope will be settled in the discussions now proceeding.

Has any reply been received to the representations by His Majesty's Government?

Can my right hon. Friend say where the Changé d'Affaires is, and whether the British element of the Allied Control Commission is now in Austria?

The Chargé d'Affaires is in Moscow. The answer to the second part of the supplementary question is "No."

I have already said that these matters are under active consideration at the moment between the four Governments concerned, and I really do not think it is advisable to discuss the matter further now.

Dr. Schuschnigg

asked the Secretary of State for Foreign Affairs if he can make any statement on the whereabouts of Dr. Kurt von Schuschnigg, the last Austrian Chancellor.

Questions

Liberated Russian Prisoners of War

asked the Secretary of State for Foreign Affairs whether, in view of the excellent treatment given by the Russians to British prisoners of war whom they liberate, he can state whether special effort is made to extend similar treatment to Russian prisoners of war liberated by the British.

An agreement was concluded at the Yalta Conference laying down the treatment of British prisoners of war who fell into the hands of the Soviet Forces, and vice versa. We are, of course, carrying out this agreement, but quite apart from it special efforts have been made, and are being made, to provide the best possible treatment for Soviet citizens liberated by British Forces pending their repatriation to their own country.

In view of misleading statements about this matter which have recently appeared in the Press, I am circulating a fuller statement in the OFFICIAL REPORT.

Can my right hon. Friend say whether, in fact, the Russians have carried out their part of the agreement with regard to British prisoners?

There are one or two matters on which we are not satisfied. These are being taken up with the Soviet Government.

Is my right hon. Friend satisfied that the word "excellent" accurately describes the treatment which has been given to at any rate some of the British prisoners?

I cannot speak for certain British prisoners, but I should have thought that "excellent" was too emphatic a term to use.

Why is it that British prisoners who have been repatriated through Odessa have been prohibited from making any statement?

As we have nothing to hide whatsoever in this matter, will not my right hon. Friend make it possible for representatives of the Russian Government to see how in fact the freed Russians are treated in this country?

I think the representatives of the Russian Government do have facilities far greater than the representatives of our Government have on the other side.

Will my right hon. Friend consult with the Secretary of State for War with a view to seeing that some of the prisoners who have been repatriated through Russia are given an opportunity of meeting hon. Members upstairs?

I will certainly see about that.

Following is the statement:

Ever since D-Day large numbers of Soviet citizens have been liberated by the advancing Anglo-American armies. Further numbers have been liberated in Italy and the Balkans. A large proportion of these persons had been, or were at the time of their liberation, serving in the Todt and other German organisations, and a considerable number of them fell into our hands in German uniform as members of German military formations. The vast majority of these men had been forced into German service against their will, and the task of segregating them and of arranging for their care and treatment pending repatriation has thrown an ever increasing burden on the Allied military authorities concerned I am glad to say that in discharging this task we have had the assistance of a number of Soviet officers who have been sent to Western and Southern Europe for the purpose. These officers have enjoyed facilities for visiting the Soviet citizens in question and discussing their conditions Which compare very favourably with the facilities enjoyed by similar British representatives in the Soviet Union and areas liberated by the Soviet Forces. Arrangements were made under which these Soviet citizens, while awaiting repatriation, were placed in special camps with Soviet officers in charge of them.

Since last October, 42,421 Soviet citizens have been repatriated from this country and from the Mediterranean area, to which may be added 14,565 liberated by United States Forces but repatriated in British ships. With the exception of one ship provided by the United States Government, all the shipping and other transport for these 56,986 Soviet citizens has been provided by the British authorities at the cost of reducing the amount available for other vital purposes. The remaining Soviet citizens in Western Europe could have been repatriated much earlier if shipping had been available, and if the Soviet Government had felt able to assist us in this task. Special efforts have throughout been made to provide the best possible treatment for Soviet citizens liberated by British Forces pending their repatriation, and close contact has been maintained with the Soviet authorities and their requests have wherever possible been met.

The Soviet authorities have notified us of 3,854 British subjects liberated by their Forces up to 21st April, and of these 3,639 have passed through the camp in Odessa, which is the most advanced point at which the Soviet authorities have allowed British officers to have regular access to liberated British prisoners of war. In this case, too, British shipping alone has been used to bring these men home. In addition several thousand American and other Allied ex-prisoners have been brought out from Odessa.

Where we have not been satisfied about the treatment of our men at the hands of the Russians we have taken the matter up with the Soviet authorities and we hope to settle these points in this way.

British Residents, France (Food Supplies)

asked the Secretary of State for Foreign Affairs whether his attention has been drawn to the lack of food in the case of British residents in the South of France; and what action is being taken about the matter.

His Majesty's Government are aware of the unfortunate scarcity of food in the South of France to which my right hon. Friend the Under-Secretary referred in his answer to my hon. and gallant Friend the Member for Howdenshire (Colonel Carver) on 20th March. British subjects living in foreign countries must generally speaking share the conditions under which the local population live, and His Majesty's Government would consider it improper to take steps, even if they were practicable, to send in food for them apart from such steps as might be possible for the assistance of the population as a whole. Some Red Cross parcels, however, have become available for British subjects who are old or ill, and it is hoped that more of them will be forthcoming. Facilities for accommodating British subjects in transit through Paris and communications with the South of France have improved of late, and I am glad to say that it is now possible for small parties of British subjects to be repatriated from that region. Every endeavour is being made to use these facilities to the full. Despite local conditions, however, most of the British subjects concerned do not wish to leave.

Is the right hon. Gentleman not aware that British subjects are entitled to protection and help in whatever part of the world they find themselves; and will he not facilitate the sending of Red Cross parcels to these people, most of whom are living on small means in very difficult circumstances?

Of course, British subjects are entitled to protection and help, but we must stand by the main principle; that it would not be proper to treat British subjects in a matter of this kind differently from the local population themselves.

Royal Air Force

Ballot Papers (Postal Delivery)

asked the Secretary of State for Air approximately what percentage of R.A.F. personnel serving overseas have so far applied to have ballot papers sent to them by post at the next election.

The information for which the hon. Member asks is not yet available.

It will take some time to collect it from all the formations overseas, but it will be collected from returns which we hope to get by 1st June. It should be available soon after that.

Losses and Accidents (Investigation)

asked the Secretary of State for Air whether the Special Investigation Branch of the Provost Marshal's Branch is called in to investigate losses and accidents in Transport Command and in B.O.A.C. respectively.

The Provost Marshal would be called upon to assist if questions arose which it was within his competence to investigate.

Does the right hon. Gentleman deny that there have been losses and accidents? Is not the existence of the Special Investigation Branch for the purpose of investigating difficult questions of this kind?

Not accidents. There is a Chief Inspector of Accidents, and there are courts of inquiry which investigate accidents. It is true that circumstances might arise in which a group commander or a court of inquiry would require help of the Provost Marshal, in which case help would be made promptly available.

Air Training Corps

asked the Secretary of State for Air if he is now in a position to state who will be the chair man and the members of a national advisory council for the A.T.C.

No, Sir, but lists of names are being obtained, and these and the constitution and terms of reference of such a body are being considered.

Can the right hon. Gentleman give any indication of when he is likely to be able to make an announcement?

I think it will require very careful consideration. It is complicated owing to the large number of people who are interested in the formation of such a body.

asked the Secretary of State for Air if he will inform the House on the policy he proposes to adopt for the continuity of the A.T.C. as a constituent feature of the youth movement following the close of hostilities in Europe.

The Air Training Corps was established by the Air Ministry to provide pre-entry training for the Royal Air Force and Fleet Air Arm. As such, it forms a valuable part of the youth movement of the country and it will continue to do so after the end of the war in Europe.

Does the right hon. Gentleman recall that he gave an undertaking that the organisation would be continued after the war as an element of the youth movement?

That is quite true, but on this occasion I am asked if I will inform the House as to the policy following the close of hostilities in Europe. That is why I confined my answer to that point.

Will the right hon. Gentleman see that any undertakings that he may give to these boys will in future be observed by all his colleagues?

Requisitioned Premises

asked the Secretary of State for Air if he is aware that the premises of a well-known public school for girls, the name of which has been given him, have for the past three years been requisitioned by his Department and the school has consequently been closed; and whether, in view of the urgent need for educational facilities of the type afforded by this school, he can give an assurance that the premises will be released at an early date and that they will not be used for other purposes when the units now in occupation have been moved.

I am glad to be able to give the assurance that the school buildings will be released as soon as the Allied unit now occupying them has been moved.

31 and 32.

asked the Secretary of State for Air (1) the number of houses in the Stanmore area still requisitioned; and the number which are not occupied at the present time;

(2) if he is aware that the requisitioned premises known as "The Bowls," Stan-more, have not been used or occupied since December; and, in view of the shortage of housing accommodation in that neighbourhood, whether he will terminate his policy of refusing to release unoccupied houses in case they may be required again.

Sixty houses in the Stanmore area are held on requisition by the Royal Air Force. Five of these are at present unoccupied and are being relinquished. A Royal Air Force reorganisation in this area, which has been planned during the last few months and is now being put into effect, has required certain houses to remain vacant pending reoccupation. One of these is the property known as "The Bowls," which was vacated a few months ago but is now being reoccupied. I am keenly aware of the importance of releasing accommodation in this neighbourhood and the position is kept constantly under review. No vacant property is retained unless a further need for it is foreseen, but it would be a disservice to all concerned for a property to be relinquished which has to be requisitioned again shortly afterwards.

Is the right hon. Gentleman aware that these premises are very rapidly deteriorating, and that at least three families are awaiting possession of the house?

The house required will not be relinquished. Five houses which are not required will be relinquished.

If we can be told where these houses are, why cannot we be told where the factory is?

Why is it necessary, in this case, to ask a Question before the houses are relinquished when the people who hold them know very well that they do not want them and are not likely to want them?

Depot (Post-War Occupation)

asked the Secretary of State for Air for how long he intends occupying the factory of which he has been informed.

So far as can be seen at present, this depot, which is the property of the Air Ministry and is not held on requisition, will be required by the Royal Air Force after the war.

On a point of Order. In view of the fact that, presumably, the public interest has precluded giving the name of the factory with which the Question is intended to deal, may I ask if any useful purpose is served by putting on the Paper a Question relating to a factory which the House and the public cannot possibly identify?

That is not for me to say. It is for any Member to put down his Question as he thinks best himself. As long as it is in Order, I cannot edit it.

In view of the relaxations that are being made in this sort of matter, could not the right hon. Gentleman tell the House where the factory is?

North-West Europe (Home Leave)

asked the Secretary of State for Air if he is aware that some men who went overseas with the B.L.A. in June have hot yet been given home leave and see no prospect of getting any in the near future whereas men who have been overseas for a shorter period have been granted leave; and will he substitute for the present leave scheme one that operates more fairly.

The basic principle of the leave scheme for men in North-West Europe is "first out, first home," but operational requirements make it impossible to apply this principle inflexibly. I hope, however, that within the next few weeks it will be possible for the majority of the men to whom my hon. Friend refers to enjoy a period of home leave.

Women's Auxiliary Air Force

asked the Secretary of State for Air whether personnel of the W.A.A.F. who enlisted in 1939 under Paragraph 652, Clause 1, K.R. and A.C.I., and have served for four years according to their terms of enrolment and have been discharged on the termination of their engagement, are entitled to war gratuities.

asked the Secretary of State for Air why members of the W.A.A.F. doing the work of station signals officers at operational stations are not receiving their pay as tradeswomen, namely, two-thirds of the pay of an R.A.F. signals officer; and whether he will look into the matter.

W.A.A.F. Officers who are qualified for membership of the technical branch receive two-thirds of the pay of R.A.F. Signals Officers who are members of the technical branch. The position of W.A.A.F. officers who are not so qualified and who are employed as Stations Signals Officers is under consideration.

Is it not the general rule that women performing technical duties who are skilled in those duties receive two-thirds of the pay of the corresponding male personnel?

Yes, Sir, and those who are eligible to be regarded as technical officers do receive that two-thirds, but there are some whose qualifications are still the subject of consideration.

Service Air Passengers (Vaccination)

asked the Secretary of State for Air why service air passengers to India are required to be vaccinated when all service personnel have the right to decline to be vaccinated.

Recently there was an outbreak of smallpox in India at an airfield used by transport aircraft. Not only for their own protection but for the protection of others, Service personnel were not allowed to proceed by air to this airfield unless they had been vaccinated shortly before. I should add that vaccination was, and is, voluntary and no one has been vaccinated against his will.

But is it not true that they will not take people unless they agree to be vaccinated, and is not that compulsion?

It is not compulsion. The position is that I have not power, and I do not seek power, to compel any man to be vaccinated against his will, but I must use such powers as I have got to prevent numbers of other people from suffering by his refusal.

Does the right hon. Gentleman still cling to the idea that vaccination is the cure for smallpox?

Questions

Aircraft Factory, Lancashire (Use)

asked the Minister of Aircraft Production what steps he has taken or proposes to take to keep the men and women employed in the aircraft factory in North-east Lancashire, the name of which has been sent to him; and, in view of the widespread anxiety as to the future of this factory, if he will make a statement as to its post-war position.

Owing to smaller requirements for the type of stores hitherto produced at this factory, consequent on the course of the war, a substantial reduction in employment is unavoidable. I am arranging to ameliorate the position as far as possible by putting other work into the factory. As to the second part of the Question, I have now informed my right hon. Friend the President of the Board of Trade when and to what extent the factory, or parts of it, will be vacant. He informed the hon. Member on Tuesday, 24th April, that he was confident that he would have no difficulty in allocating it for civilian production.

Can the right hon. Gentleman state whether the manufacture of the same kind of stores will be carried on in the future as before?

To a certain extent, and other work of a similar character is being put in.

In view of the fact that some of the aircraft industry will be redundant after the war, will my right hon. Friend take the earliest opportunity to let both managements and workpeople know which factories are no longer to be used in the industry, so that both parties can make other plans?

B.O.A.C. (Thefts from Mailbags)

asked the Parliamentary Secretary to the Ministry of Civil Aviation what steps have been, or are being, taken to counter the large thefts of diamonds and the slitting of mailbags on the B.O.A.C. planes, as a loss of British prestige is the likely result of continual thefts.

The B.O.A.C, with the assistance of the Special Investigations Branch of the Provost Marshal's Branch and the local police authorities in the areas concerned, have investigated losses arising from the violation of mailbags. Measures which have been taken to eliminate these thefts include special arrangements for supervision during flight and the strengthening of the ground supervisory traffic staff and Inspectors while mails are in the custody of B.O.A.C.

Can my hon. Friend say what success has attended those efforts, and whether these thefts and crimes have not been frequent of late?

These measures have been in operation for the last three weeks, and so far, I am informed, we have not succeeded in catching a thief, but I am full of hope.

Housing

Requisitioned Premises

asked the Minister of Works how many premises have been requisitioned by him for the purposes of the Polish Government; and the names of those British undertakings who owned them.

Thirty requisitioned premises have been placed at the disposal of the Polish Government by the Ministry of Works. I will send my hon. Friend a list of those who occupied them at the time they were requisitioned.

asked the Minister of Works whether he is aware that in many cases Government Departments hand over requisitioned houses and cottages in an uninhabitable condition and refuse to do the necessary repairs themselves; and whether, in these cases, he will raise the £10 limit on building repairs to enable the reoccupation of the premises and to help the housing shortage.

Where labour is available, licences will be granted for such repairs as are absolutely necessary to make derequisitioned dwelling houses habitable.

Will the right hon. Gentleman give a little more latitude to the local authorities to do things which are really necessary?

This must be judged in the light of local circumstances. Local authorities have a great deal of latitude in the matter. The question of how much labour may be allotted to this particular type of work depends entirely on what other urgent work needs to be done in the area.

Will the right hon. Gentleman give them power to be the judges of what labour there is in the district?

Building Costs

asked the Minister of Works if, taking the types of houses which before the war cost to erect £400 and £800, respectively, inclusive of every outlay, he will state the present cost of erecting precisely similar houses both in the towns and in the country; and to what the increased cost is mainly attributable.

asked the Minister of Works the cost of the separate items of building material, including bricks, cement, timber, flooring tiles, roofing tiles or slates utilised in the construction of the ordinary subsidy houses built from 1935 to 1938 and the total cost of such material; the average labour costs embodied in the prices paid for completed houses; and the estimated costs of the same quantity of material and labour at the present time or in the immediate future.

As the answer is long and includes a table of figures, I will circulate it in HANSARD.

Following is the answer:

Very few houses are being built at present and costs will vary widely according to local and other circumstances. This makes estimates of present day building costs very unreliable. It is estimated that the net cost exclusive of overheads and profit and exclusive of land and estate development costs, of building a pre-war house of about 800 sq. ft. ranged from £335–£405, of which £105–1125 were represented by labour and £230–£280 by materials. The estimated costs in 1935–1938 of the materials used in such a house is shown in the following table: Tentative estimates of the cost of building houses of a similar type under present conditions suggest that there has been an overall increase of 70 per cent. to 100 per cent. This rise is attributable to increased labour costs which result both from wage increases and from such factors as long hours of working, overtime, cost of directed labour and the high average age of the present building labour force, as well as to a rise in the cost of materials, notably timber, due to a general increase in the cost of labour, raw materials and distribution.

asked the Minister of Works what percentage of the total labour cost of building a small house of six to eight rooms is represented by cost of bricklayer and labourer.

If a house with six or or eight rooms is a small house, what is a medium house?

Perhaps the hon. Gentleman will address that question to the hon. and learned Gentleman who put down this Question.

Bricklayers (Output and Pay)

asked the Minister of Works if he will state the minimum number of bricks which a bricklayer is now estimated to lay in a day of eight hours on a straight internal wall with a normal amounts of labourer's assistance; how much he is paid for such a day's work; and what bonus or extra pay he receives if he lays more than the minimum.

Where the present payment by results scheme is in operation, the normal average output for this type of nine inch brick walling is a little over 570 bricks in a 10-hour working day. This output is, of course, frequently exceeded. For the laying of 570 bricks in a 10-hour day a bricklayer at London rates receives 28s. 9½d., including overtime. Of this, 5s. 7d. is bonus.

Would the Minister consult the Prime Minister as to whether a sufficient number of bricks had been laid?

Building Repairs Limit (Scotland)

asked the Minister of Works what consultations took place between his Department and the organised building industry in Scotland before imposing the £10 limit on civil building work in Scotland.

asked the Minister of Works whether he is aware of the resentment expressed by those principally concerned in Scotland in connection with the intended reduction from £100 to £10 of the limit for obtaining a licence for repairs and other building work, and whether, in view of the different situation prevailing in Scotland to that in London and certain other parts of England, he will consider setting up a special commission of inquiry in Scotland before taking any further action in this matter.

In reviewing the arrangements for the licensing of building work, I have had consultations with the representatives of local authorities and of the building trade employers and operatives in England, Wales and Scotland. In order, as far as possible, to meet the difficulties which were brought to my notice, I have decided, before lowering the limit in the rest of the country, to modify, in a number of respects the conditions governing the issue of building licences. Details of these new arrangements will be announced very shortly.

Questions

Church of St. John the Evangelist, York

asked the Minister of Works whether consideration has been given, as a matter of urgency, to the scheduling as an ancient monument of the fabric of the disused church of St. John the Evangelist, Micklegate, York, in view of the deterioration of the building, its beauty and interest.

The corporation of York, who own this building, originally intended to pull it down. However, a proposal is now being considered to convert it into a museum of ecclesiastical art. I am keeping in touch with the position, and should the circumstances change I shall consider the desirability of scheduling this building as an ancient monument.

Is the right hon. Gentleman aware that his answer will give great satisfaction in York?

Service Personnel, Far East (Social and Political Information)

asked the Prime Minister by what means other than a pamphlet by the Minister of Reconstruction, Service personnel in the Far East are being kept abreast of developments in the social and political field.

Apart from reading the national newspapers which are flown out to the Far East, soldiers also have the opportunity to listen to the wireless, attend A.B.C.A. discussions and read Service newspapers.

I am aware of all those things, and I would like to ask the Prime Minister if he is aware that a pamphlet which is to be distributed by the Service Departments, and which is bound to bear a close resemblance to the election programme of the Conservative Party, will not be considered a fair means of keeping troops abreast of developments in the social and political field?

Would it assist the Forces in the Far East to clear their minds if they were told that while the Common Wealth Party had gained the hon. and gallant Member for Chelmsford (Wing-Commander Millington), it had lost the hon. Member for Eddisbury (Mr. Loverseed)?

Service Welfare Arrangements (India and S.E.A.C.)

asked the Prime Minister if he will explain the duties of General Beresford Pierce in India; and whether it is proposed to create a similar post to co-ordinate and stimulate welfare arrangements for the troops in Burma.

General Beresford-Peirse has been appointed Welfare General in India to take charge of the Directorates of Welfare, Education, Resettlement and Service Kinematography. His duties cover Indian troops both in India and overseas and British troops in India. It will be noted that the duties extend beyond those of welfare in the narrow sense. The Supreme Allied Commander, S.E.A.C., has not suggested that any such appointment should be made in his Command and I see no necessity for it. As my hon. Friend is no doubt aware, I have appointed General King as my personal representative to overlook these matters in India and S.E.A.C.

Is my right hon. Friend aware that letters from Burma reaching some of us indicate that the troops there are not yet satisfied that all that could be done for them is being done, and might something equivalent to the admirable step which my right hon. Friend is taking in India be considered for Burma as well?

General King is specially active in this matter and has furnished the Government with a report in regard to which a great deal of action has been taken. Much remains to be done, and I am hoping to receive from him another report in the near future, but he is most active and carries with him the authority of His Majesty's Government on the spot. I think that is more than a substitute for the appointment of a general officer for welfare in the Burma theatre.

Would my right hon. Friend say whether they have power to improve the third-class travelling for the troops in India?

I am afraid I do not quite see the relevance of this particular question, but perhaps my hon. Friend would explain his point to me.

Exit Permits (Departmental Responsibility)

asked the Prime Minister when the Home Office first granted exit permits to persons desirous of going abroad; under what authority this was done; and if he will now consider restoring the supervision over the issue of passports to the Foreign Office.

The first exit permit was granted on 4th September, 1939, under powers conferred by Defence Regulation 18 and the Passenger Traffic Order, 1939. This Regulation and the Orders made under it affect British subjects only, but aliens are required to obtain exit permits under Article 1 (B) of the Aliens Order, 1920, as amended, and a Direction of the Home Secretary made thereunder. The issue of permits to leave the United Kingdom is one of the security measures for which the Home Secretary is responsible; and while the work is done by the Passport and Permit Office, acting as agents for the Home Secretary, it is distinct from and in no way conflicts with that of issuing passports, which has throughout remained the responsibility of the Foreign Secretary.

San Francisco Conference (T.U.C. Delegation)

asked the Prime Minister what is the exact status of the T.U.C. delegation at San Francisco.

The Trades Union Congress has no official status at the Conference, which is between representatives of Governments. The United Kingdom delegation, which includes representatives of the political Labour movement in this country will, of course, take advantage of the presence of British trade union leaders in San Francisco to consult them as and when necessary on Labour matters that may arise during the Conference.

Am I to understand from the right hon. Gentleman's reply, that no promise has been given to the Trades Union Congress delegation that they have any right to be consulted as to the British attitude at the San Francisco Conference?

We have all got along pretty well together in this hard war; we owe an immense debt to the trade unions, and never can this country forget how they have stood by and helped. At the same time, I, personally, do not feel that we should, without very much careful Parliamentary consideration, set up other bodies besides the official bodies which are based upon Ministries responsible to the House of Commons.

Is the right hon. Gentleman able to give the House any information as to what extent, if any, the Russian and American Governments have given official recognition to their trade union organisations?

I could not give it offhand. The relationships would be quite different from those which prevail here. I earnestly hope that the closest consultation will be maintained, but to give official status is quite different. I do stand on the basis of a universal suffrage electorate, and a House of Commons elected by them.

May I ask the right hon. Gentleman whether the same principles of consultation as those enjoyed by the T.U.C. will be enjoyed by representatives of employers?

I should be sorry to have to embark upon an argument, but I do not consider that a world-wide employers' organisation would stand on the same footing as an organisation which has to consider maintaining all the necessary rights and interests of the labouring masses throughout the world.

Servicemen's Property (Thefts)

asked the Prime Minister if in view of the large number of thefts of personal property of serving men, and particularly of wounded and sick men, he will consider the appointment of a reliable officer in each unit to be responsible for the personal property of officers and men in the unit who hand over such property for his care and for the property of men who are taken to hospital and arrange for similar officers to be appointed in the other Services and in the Indian Army.

In the Army the officer commanding the unit is responsible for taking such steps as are possible for the safe custody of the belonging of officers and men when they are separated from their property. Equivalent arrangements are made in the other Services. Owing to the shortage of manpower it is not possible to make the more formal arrangement suggested by my hon. Friend.

In view of the very numerous cases, some of which have been brought to the right hon. Gentleman's personal attention, will he consider means of stopping these mean thefts?

This is no new feature of the war and many cases are well known, but it is happily confined only to a very small number of criminals who perform these particularly mean actions. You may be sure, Mr. Speaker, that every commanding officer in the Army will feel it a matter of honour to make the most strict arrangements possible, and to pursue with the utmost vigour any cases in which persons are guilty of such deeds.

Rubber (Conference, Washington)

asked the Minister of Production the names of the British delegates who attended the Rubber Study Group Conference in Washington, on 22nd to 27th January, 1945; who paid their expenses; what they amounted to; and what were the results of the conference.

As the answer contains a number of names and is rather long, I will, with the hon. Member's permission, circulate it in the OFFICIAL REPORT.

Following is the answer:

The names of the British representatives on the Rubber Study Group were as follows:

The expenses of the delegation, which amounted approximately to £2,366, were paid by H.M. Government.

This was the first meeting of the Rubber Study Group, which was established by the Governments of the Netherlands, the United Kingdom and the United States in September, 1944. The Group examined the future of the rubber situation on the basis of studies submitted on behalf of the participating Governments. The Group found, as was to be expected, that a marked excess of world productive capacity over consumption demands might develop in the course of a few years after the liberation of the Far East. It was decided therefore that it was necessary, to keep the situation under continuous review and to meet again as soon as events required it.

Engineering Contracts (London)

asked the Minister of Production for what reason instructions have been issued that engineering contracts must not be renewed to firms in the London area if work can be undertaken elsewhere.

There has been in London for many months an exceptionally large number of unfilled vacancies for esential work of high priority. Most of this work could not be done elsewhere and I may add that munition production accounts for only half of it. The usual methods of dealing with such situations proved insufficient and the Government therefore decided to avoid placing in London work which could equally well be done in places where it was easier to supply labour, and to use to fill outstanding vacancies any labour freed by the non-renewal of contracts. Such extreme measures are kept constantly under review, and I hope that the progress of the war in the last few weeks and the prospects of early reductions in certain munition programmes will make it possible shortly considerably to relax these restrictions.

Would the right hon. Gentleman publish in the OFFICIAL REPORT copies of these instructions which have been issued so that hon. Members who represent London constituencies may have some idea of what in fact is being done?

I will look into that to see whether I can give some information which would meet the hon. and gallant Member's question.

In so far as this reduction in contracts will mean less work for certain London factories, will steps be taken to enable such factories to start up their activities again?

That is quite a different question from the original one, but the short answer is "Yes."

Will the right hon. Gentleman take steps to see that this policy is applied only to factories which are in a position to revert to their pre-war production? Otherwise if the policy is applied and they are unable to return to their pre-war occupations the factories must close down.

No, Sir, I could not give that assurance. The reason for this restriction is to release labour for essential services such as transport, for example, where the strain in the Greater London area is very heavy indeed. But as far as possible we try to inflict as little inconvenience and hardship on individual firms as possible.

Stationery Supplies

asked the Minister of Supply whether he is aware of the inconveniences caused to business firms and private persons by the shortage of stationery, and especially of envelopes; and whether he will expedite the liberation of greater supplies.

Yes, Sir. My right hon. Friend the Minister of Production has increased the allocation for stationery for the current licence period, and the position is under constant review between him and my right hon. Friend the President of the Board of Trade.

Food Supplies

Potato Shortage (Portsmouth)

asked the Minister of Food if he is aware of the continued shortage of potatoes in Portsmouth; and if, in view of the number of evacuated persons returning and the consequent increase in population, he will increase the allocation.

The answer to both parts of the Question is "Yes, Sir."

Milk

asked the Minister of Food whether he is satisfied that all steps are being taken to collect and utilise milk without delay, in order to avoid wastage of the increased supply during the coming season.

Will the Minister bear in mind that farmers are penalised if this milk is not collected in time, because they have to stand the loss if the milk goes bad?

Yes, Sir, certainly, and I would remind my hon. Friend that both farmers and consumers are penalised in such circumstances. We are doing our very utmost to bring all milk that is produced in this country into consumption.

Subsidies

asked the Minister of Food if he can provide a table showing the present retail price of those foods which are assisted by Government subsidies, showing in each case what it is assumed the retail price of each item would be but for the subsidy.

I regret that I have not had sufficient time in which to provide my hon. Friend with the information for which he asks but I will send it to him as soon as possible.

Does not the Minister consider it is desirable that the public should be made aware of the unsubsidised retail prices of these commodities because, should subsidies go down and food prices therefore go up, people may give a wrong interpretation to the situation, particularly if they are misguided enough not to believe in private enterprise?

Yes, Sir. Perhaps I might inform my hon. Friend when this information is ready, and then, if he will put his Question down again, I can take steps to publish the answer in the OFFICIAL REPORT.

Licence Application, Brighouse

asked the Minister of Food why a licence was refused to Mr. Pearson to re-open a fried fish business at 39, Rastrick Common, Brighouse, formerly in the ownership of his late brother-in-law, particulars of which have been sent to him.

I am looking into this case, and will communicate with my hon. Friend.

Is the Minister not aware that this is bureaucratic remote control at its worst? While I am grateful to my right hon. and gallant Friend for the action he is taking, perhaps I might point out that it is a very sad and a very bad case.

Biscuits (Charges) Order

asked the Minister of Food to what extent use has been made of the authority given in the Biscuits (Charges) Order enabling the Ministry to remit the whole or part of the charge imposed by this Order.

Could the Minister give the names in this case if I put a Question down?

Yes, Sir, I could. It is, as a matter of fact, a small firm, which, pending an alteration of its price, was unable to carry on except at a loss. It is the kind of case which we said, when we were getting this Order through the House, would be dealt with in this way.

Questions

Message from the Lords

That they have passed a Bill intituled, "An Act to transfer the functions of the Minister of Health under the Camps Act, 1939, to the Minister of Education."—[Camps Bill [ Lords. ]

Standing Orders

Resolution reported from the Standing Orders Committee: "That, in the case of the Mid-Southern Utility [ Lords ] Petition for Bill, the Standing Orders ought to be dispensed with: That the parties be permitted to proceed with their Bill."

Resolution agreed to.

Selection (Standing Committees)

Colonel Sir CHARLES MACANDREW reported from the Committee of Selection, That they had discharged the following Members from Standing Committee A: Mr. Norman Bower, Captain Bullock, Mr. Walter Edwards, Wing-Commander Grant-Ferris, Mr. Hogg, Dr. Summerskill and Dr. Russell Thomas; and had appointed in substitution Mr. Chater, Colonel Clarke, Mr. Rhys Davies, Mr. Erskine-Hill, Commander Galbraith, Mrs. Cazalet Keir and Mr. Francis Watt.

Colonel Sir CHARLES MACANDREW further reported from the Committee: That they had added the following Twenty Members to Standing Committee A (in respect of the Law Reform (Contributory Negligence) Bill [ Lords ],: The Attorney-General, Mr. Clement Davies, Squadron-Leader Donner, Lieut.-Colonel Gibbons, Sir Granville Gibson, Mr. Goldie, Mr. Guy, Sir Patrick Hannon, Mr. Moelwyn Hughes, Mr. Kendall, Lieut.-Colonel Marlowe, Mr. Palmer, Mr. Pearson, Mr. Peat, Dr. Peters, Captain Prescott, Mr. Silverman, Mr. Sloan, The Solicitor-General and Mr. Sutcliffe.

Colonel Sir CHARLES MACANDREW further reported from the Committee: That they had appointed the following Members to serve on Standing Committee B: Sir Reginald Blair, Mr. Brooks, Mr. Collindridge, Major Cundiff, Mr. S. O. Davies, Mr. Douglas, Mr. Foster, Mr. Hammersley, Air-Commodore Helmore, Mr. Joseph Henderson, Sir Leonard Lyle, Captain Peter Macdonald, Brigadier-General Sir Ernest Makins, Captain Marsden, Major Mills, Sir Henry Morris-Jones, Mr. Godfrey Nicholson, Mr. Nunn, Mr. Orr-Ewing, Major Procter, Mr. Purbrick, Mr. Richards, Mr. Wilfrid Roberts, Sir Malcolm Robertson, Mr. Ross Taylor, Sir Arthur Salter, Captain Sidney, Lieut.-Colonel Sir Walter Smiles, Mr. Spearman, Mr. W. Joseph Stewart, Mr. Stokes, Mr. Stourton, Captain Strickland, Mrs. Tate, Mr. Bernard Taylor, Mr. Tinker, Mr. Charles White, Major Woolley, Mr. Wootton-Davies and Mrs. Beatrice Wright.

Colonel Sir CHARLES MACANDREW further reported from the Committee: That they had added the following Fifteen Members to the Standing Committee on Scottish Bills (in respect of the Education (Scotland) Bill): Commander Agnew, Mr. Astor, Colonel Burton, Mr. Channon, Mr. Coleman, Mr. Cove, Mr. Craven-Ellis, Mr. Eccles, Mr. Emmott, Mr. Ralph Etherton, Mr. Gledhill, Captain Alan Graham, Mr. Hepworth, General Sir George Jeffreys and Captain Longhurst.

Business of the House

Proceedings on Government Business exempted, at this day's Sitting, from the provisions of the Standing Order (Sittings of the House).—[ The Prime Minister. ]

Orders of the Day

Requisitioned Land and War Works Bill

Considered in Committee. [ Progress, 19th April. ]

[Mr. CHARLES WILLIAMS in the Chair]

POSTPONED CLAUSE 4.—(Land affected by Government war work or damaged by Government war use.)

It might be for convenience of the Committee if I explained that this Clause, which was postponed from an earlier stage in the Committee proceedings, seems to deal with the whole position with regard to common land, and we might, therefore, discuss the whole of that issue here.

3.17 p.m.

I beg to move, in page 2, line 44, at end, insert: postponed until after Clause 13 had been reached. I undertook to withdraw the Amendment standing in the name of myself and a number of my hon. Friends. That was done. In due course I put down another Amendment, the purpose of which was identical with the purpose of the Amendment I had moved on the previous occasion. I ought to call attention to this matter. The earlier Amendment extended not only to compulsory acquisition of commons and open space land, but to rights of way and the compulsory acquisition of easements. In the course of the Debate, it appeared that rights of way and easements were regarded by my right hon. Friend as obstacles to accepting the general principle of the Amendment. Accordingly, I have put down the Amendment in a rather different form. Rights of way and easements have disappeared from it. Its sole purpose now is to secure that where it is sought to acquire common land or land which is dedicated in some way to the public as an open space, under the terms of the Bill, that shall not be done without the approval of Parliament. Support for that principle was forthcoming from all quarters of the Committee.

Since then two new Clauses have been put down in the name of my right hon. Friend the Chancellor of the Exchequer—( Provision of land in lieu of land acquired under the Defence Acts ) and ( Overriding provision as to purchase of certain commons and open spaces ).

I hope I shall not be outside the bounds of Order in saying a few words about those two Clauses. It seems to me that if they are adopted, they will meet the principle which my hon. Friends and I were concerned to establish, that is to say, they will ensure that no commons or public open space land shall be diverted to any other purpose, without the consent of Parliament. If that is so, and I think that is the intention of the two Clauses, the point of the Amendment which I moved previously and the one which I am now moving, will be met.

There are two matters which arise on these two Clauses and about which I hope my right hon. Friend will be able to give the Committee assurances. In the first place, the first Clause deals with the acquisition of land in lieu of land acquired under the Defence Acts. I understand that that Clause will enable the Minister to acquire land which may be substituted for common land or open space land taken under the Bill. It is not quite clear whether it is intended that the Minister should have compulsory powers to acquire land which will be substituted land in those circumstances. I hope that before the Amendment is withdrawn, my right hon. Friend will be able to give us some indication of whether that is the intention or not.

The other matter about which I should like to have some assurance is the question of definition. There appears to be in the Bill at present, no definition of a common or of an open space. I need not remind the Committee that commons have come into existence under many different circumstances, and land has become dedicated to the use of the public in innumerable ways. It would assist the Committee if we could have some assurance that a definition, in suitably wide terms, of the expression "common," and the expression "open space," could be included in some part of the Bill. I would remind my right hon. Friend of the circumstance, of which I have no doubt he is already aware, that there is a definition, which I suggest is a suitable definition, in the Town and Country Planning Act, 1944. Subject to these two assurances being forthcoming, I would like to say that I feel very greatly indebted to my right hon. Friend for the way in which he has met us in this matter. I hoped at the conclusion of the previous Debate that he would see his way to making this very necessary, and I think desirable, Amendment in the Bill, and I am very grateful to him for the ready manner in which he has done it. I do not ask for these assurances in any critical spirit about what has been done, but because I desire to make sure that the objects about which my hon. Friends and I are concerned and which we now all have in mind, should be effectively met.

I mentioned earlier, though it might not have been heard by the whole Committee, that if, with the Committee's consent, we had a discussion on commons now, we could not repeat it again when we come to the new Clauses. I, therefore, suggested that we should deal with the matter, of commons on this Amendment and then take a Division on the new Clauses if it proves to be necessary. In other words, we shall have the whole of the commons discussion on this Amendment.

As my hon. and learned Friend the Member for Ilford (Mr. Hutchinson) has indicated, the new Clauses which have been put down since the last discussion on this question, are designed to give effect to the plea that was put forward that commons and open spaces should not be alienated without the express permission of Parliament. That was the substance of the case that was made, although there may be room for differences of view in regard to the precise procedure. The Government have, in the Clauses that are on the Paper, made provision which secures the main purpose which my hon. Friends who criticised the Bill in its previous form desired to secure. It will have been seen that in the Clause dealing with commons, we exclude, as we have framed it, questions of easements and rights of way. That, I think, is in accordance with views that were expressed when the earlier Amendments were being discussed. We also provide means of getting over a difficulty on which I and my right hon. Friend the Financial Secretary laid stress, of a concurrent or duplicate procedure, where the land in question includes not only commons but also ordinary privately owned land. Our proposals avoid any embarrassment or practical difficulty on that score. I hope, therefore, that as my hon. and learned Friend indicated, the proposals of the Government may find general acceptance.

The point on which my hon. and learned Friend desired an assurance concerns the question of the power to acquire alternative land in place of the common land which may be taken under the Bill. It is not intended that there should be compulsory power in that connection. No provision is made for compulsory acquisition of alternative land, but as my hon. and learned Friend will appreciate, it was necessary to give the Government Departments concerned the power to acquire the land for that particular purpose. That is what the Clause does—it provides the power to acquire land. My hon. and learned Friend raised the question about the definition of a common or open space. If he will look at the Order Paper he will see that we do propose, by an Amendment to Clause 52, a definition of an open space—

In Clause 52, page 34, line 13, at end, insert:

3.30 p.m.

I would like to join in thanking my right hon. Friend for his concession about commons, which has, I am sure, given satisfaction in all quarters of the Committee and will give very great satisfaction in the country. I intervene only to ask a question. I take it that where land is not provided in substitution Parliament has to consent to the Government appropriating part of a common, or all of a common. What I want to know is whether, if objections are raised to the acquisition of a common, the case goes before the Commission and whether the Commission report, so that we can have the report before us when the matter comes up in Parliament, or is the question put before Parliament, without its going before the Commission, upon a purely ex-parte statement by the Ministry?

I am sorry that I did not quite hear what the Chancellor of the Exchequer said about open spaces. My hon. and learned Friend the Member for Ilford (Mr. G. Hutchinson) asked whether private open spaces which have already been dedicated to the public under a town and country planning scheme were included. As far as I gather from the definition which the Chancellor has put in the later Clause, it will not be included. Could we have that point cleared up?

On behalf of my Friends on these benches I would like to express sincere appreciation of the manner in which the Chancellor of the Exchequer has met the case which was presented from all quarters of the Committee. We feel that the new proposals of the Government do meet, very substantially, the views then expressed. The problem is one to which we all, I think, attach considerable importance. We take a pride in the amenities we now enjoy and feel that it would be disastrous if they were diminished. I hope that the power which Government Departments will acquire if the proposals of the Government are adopted will be exercised whenever it is proposed to diminish the area of the common lands. In view of the past history of common lands, it would be exceedingly unfortunate if, in this war, in which so much effort and so many sacrifices have been made by the nation for the maintenance and improvement of our common standards, we found, in the years to come, that facilities of access to commons had been actually reduced. Therefore, I hope the Government will let it be understood that the Departments should exercise their powers whenever it appears likely that commons are to be permanently alienated.

Perhaps it will be convenient if I answer now the point put by my hon. Friend the Member for Lowestoft (Mr. Loftus). It is most certainly provided that the Commission should adjudicate on the cases which will be covered by the new Clause and when any proposal comes before Parliament requiring an affirmative Resolution on the ground that a common is being acquired without the provision of substitute land certified to be adequate, Parliament will have the advantage of having the report of the Commission. That is clear; but, quite generally, there is nothing in what is now proposed to derogate in any way from the general provisions in the Bill that wherever an objection is raised the matter goes before the Commission. As to the definition of open spaces, which was raised by my hon. and gallant Friend the Member for Ripon (Major York), I am not certain that I know what exactly is meant by "private land that has been designated" which is not covered by the definition; but we can discuss that, I take it, when we come to it. I would merely say that wherever there is an objection, on any ground at all, including an infringement of the interests or rights of the public, the Commission will have to adjudicate, and the Government will be bound in the ordinary case by the decision of the Commission, subject to the provision in the Bill for a special report to Parliament.

On a point of Order. Will your Ruling on the limitation of the discussion on the new Clauses, Mr. Williams, prevent us dealing with subjects such as the right hon. Gentleman mentioned when we come to the new Clauses? Clearly there are drafting points in the new Clauses which we want to raise at some time.

As far as the new Clauses on page 928 are concerned, I thought we were to have the whole discussion upon them on this Amendment, and that if anyone wished to divide upon those Clauses we could divide when we came to them. I do not think there is any point of drafting which ought to be raised on the Clauses. It should be raised in this discussion in the form of a question. I would suggest that it is in the interests of the Committee, as a whole, to keep to the decision which I thought we had come to earlier to deal with the position of commons now.

On that point of Order. No doubt you will appreciate, Mr. Williams, that the point I was referring to does not arise directly on the new Clauses but upon an Amendment which contains a new definition of open spaces.

This Amendment, the two Clauses to which we have been allowed to refer, and this question of the definition of an open space are matters which, I should have thought, were inextricably mixed, and that it would have been a convenience if we could, within proper limits, have discussed them together.

I think it would really be better if the definition of an open space were treated as a separate point.

Does that Ruling, Mr. Williams, refer also to the definition of a common, on which I have what I regard as a very important Amendment to present?

I think we had better deal with that when we come to it. There, again, I think it is a question of a definition upon which we might possibly, with advantage, have a short discussion.

I cannot be asked to give a Ruling as to whether an Amendment is in Order or not without having seen it. Until I have seen it I would not commit myself.

I think the whole Committee feel indebted to the Chancellor of the Exchequer for the way in which he has met the desires which were expressed in all quarters when we were discussing this matter earlier, but while we all want to thank him and all those who worked with him in preparing these very satisfactory new Clauses it is only right that we should remember that if the Committee had not called attention to this matter in the way we did, and my hon. and learned Friend the Member for Ilford (Mr. G. Hutchinson) had not raised the point at an earlier stage, the Bill would have gone through without the provision which is now being made. Still, we are grateful to the Chancellor, because I am sure that he and the Government do wish to protect the rights of the public to commons and open spaces, and I hope that, bearing that in mind, they will keep an eye open to the possibilities of a widening of the definition of open spaces when that question is dealt with, so that it shall cover private open spaces that have been dedicated under the Housing and Town Planning Act.

As one of the critics of the Bill on Second Reading, I, too, would like to thank the Chancellor of the Exchequer for having met the Committee in the way he has, but there is one point I should like to be assured about concerning the grazing rights of commoners. It is known to the Committee, I think, that there is common land which has grazing rights going back for generations and certain interests are involved there. Where there is common land to which are attached grazing rights which from time immemorial have been taken advantage of by commoners to graze sheep, cattle and pigs, will it be possible for the commoners to receive compensation in the event of the land being requisitioned and there being no other land which can conveniently be placed at their disposal? I take it that if some other grazing ground can be provided it will be, but if that cannot be done will it be possible to make some financial arrangement to satisfy these ancient rights?

I wish to say, first, how glad I was to see this new Clause on the Paper. Ever since the Second Reading we have been anxious to see it, and here it is. Still, I am not clear about the meaning of the words "to which the public have rights of access." That expression seems to be rather vague, because one has never heard of anybody being had up for trespassing on a common. It is generally held that people have a right of access to all commons, and I presume that by those words it is intended to include all commons. It is rather an important point, and I should be grateful if the Chancellor of the Exchequer could clarify the position. I cannot say what may be the legal meaning of the words, but in ordinary parlance that expression would seem to cover all the commons in the country.

The purpose of including the words "to which the public have rights of access" is precisely in order to exclude from the Clause the type of case which my hon. Friend the Member for the Forest of Dean (Mr. Price) has in mind. This Clause is inserted for the benefit of bipeds and not of quadrupeds. We are not thinking of the protection of hill sheep or cattle under this Clause. If we were so to define commons as to bring in all land over which there are common grazing rights, obviously we should extend the Clause far beyond anything which Parliament desires. What we want to do is to secure that land to which the public have rights of access shall not be permanently diminished in area without an Affirmative Resolution being passed by both Houses of Parliament. It may be that our definition is not sufficiently accurate—perhaps it ought to be a little more detailed—but I am sure that what the Committee have in mind is met by our new Clause. We do want to protect the commons to which the public have a right of access; we do not want to extend this provision for the Affirmative Resolution to all land over which there are either common grazing rights or common rights of turbary or some other class of commoners' rights.

3.45 p.m.

The compensation point really does not come into this Bill at all: it is a matter for the Compensation (Defence) Act. If land is requisitioned it is a matter between the lord of the manor and the commoners how the compensation is distributed. If land is acquired under this Bill there is the question of dividing the compensation; but that has nothing to do with the point that we are now discussing.

I want to thank the Chancellor for having introduced this new Clause. I do not think he realised the strength of the feeling all over the country on this subject when the original Measure was drafted. This seems to me a happy example of friendly co-operation between the House and the Government; the Government saw the feeling of the House, and, very wisely, accepted its view. While the question of compensation may be outside this Bill, I think that a very valuable concession has been made.

I just want to reinforce what has been said by my hon. and gallant Friend the Member for East Grinstead (Colonel Clarke). Will the Chancellor be good enough to descend from the general to the particular, and look into the matter of whether the area of Ashdown Forest is covered by this Clause? I think it is, but there are certain complications about the right of public access.

Might I ask if a case that I have in mind is covered by the Clause? In 1747 this House passed an Act giving right of access to common land adjacent to Beverley, in the East Riding of Yorkshire, which was bequeathed to the people of Beverley by the then Archbishop of York. During the last 10 years the Beverley Racecourse Company, Limited, have enclosed much of that land, and—

I doubt if that point arises on this Bill; but if the Government can answer it quickly, I do not mind.

This was common land. This House protected the inhabitants of Beverley by a special Act of Parliament, which was abrogated by an Order in Council—

I want to thank the Financial Secretary for this explanation. I understand that unless a common is regulated it does not come under this Bill—will he confirm that?

I do hot know what my hon. and gallant Friend means by "regulated." But we will go into the definition more carefully between now and the Report stage. I hope that, after what the Chancellor has said, and after the very real endeavour we have made to meet hon. Members, they will permit us to proceed with the Bill.

I must confess that at the moment I do not feel entirely satisfied by the explanation which has been given. My right hon. Friend's definition of public open spaces is "land used for the purpose of public recreation," But I desire to point out—

We have agreed to discuss the definition at a later stage. We had better leave that question, therefore, until we come to the later Clause.

I must accept your Ruling, Mr. Williams; but the difficulty is that, unless we know the scope of the Chancellor's proposed new Clause and have a clear conception of the type of public spaces to which this Clause will relate, we cannot say that the Chancellor has met the point we have put to him so fully as I am sure he wishes to do. There are many classes of land which could not be regarded as being used for the purpose of public recreation, although the public have very wide rights of enjoying it. There are the lands vested in the National Trust, for example; there are what are called private open spaces, reserved under the Town and Country Planning Act, 1932. I want to be satisfied that all those types of open spaces are going to for included in this proposed new Clause. If my right hon. Friend can give us an assurance that he will give further consideration to this question, it will go a very long way to meet the difficulties which we feel, and perhaps will satisfy the Committee when we come to discuss the definition Clauses that these Clauses do in fact extend to all the types of land, such as the type that the hon. Member for East Hull (Mr. Muff) referred to.

I ruled that out of Order. I really must ask the hon. and learned Gentleman to keep the discussion of the definition until later, and not to raise all sorts of points now which would mean that we should have to rule them out later. We did agree on that matter, and the Committee should keep to the agreement.

I must, of course, obey the Ruling you have made, Mr. Williams; but I hope that my right hon. Friend will be able to give us some assurance that we are really going to get into this Clause all those classes of land which we desire should be included. I think my right hon. Friend intends that we should; and, in those circumstances, I ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I think that the next Amendment covers, in much the same way as the last Amendment did, the matter of aerodromes; and we might discuss it together with the new Clause—( Provisions with respect to civil aerodromes )—on page 931.

I beg to move, in page 2, line 44, at end, insert: The procedure you have suggested, Mr. Williams, will be extremely convenient to those Members who, with me, are backing this Amendment. Our desire is not to see any individual owner presented with a free aerodrome and buildings at the public expense; but it would be quite wrong if an owner was compelled to buy buildings and runways, which were of no use to him for peace-time purposes, because, if he did not, he would lose for ever the development of his pre-war aerodrome. I remember, at an earlier stage, my right hon. Friend the Financial Secretary delivering himself of a good-humoured witticism at my expense, by pointing out that, although I merely wanted commons brought under some special procedure, here was the wicked Member for Thirsk and Malton trying to take all aerodromes, and indeed racecourses, out of the Bill. I appreciated the good humour with which that criticism was levelled, but it appeared to me that my right hon. Friend had not studied his subject as well as I should have expected him to, from his past record. The problem of aerodromes is different from anything we have dealt with hitherto. We have been dealing with virgin land or virgin commons—if commons are ever virgin—which the Government have taken, to build war works upon. Here we are dealing with something which, before mobilisation, was part of the service for civil transport in this country. Just as we who entered the Armed Forces were mobilised for war purposes, so were these civil aerodromes. All I am asking is that, just as a man who has been mobilised expects to be demobilised, and is not compelled to serve in the Armed Forces for all time, equally the civil aerodromes should be so treated. In other words, aerodromes should be kept on by the Government only by agreement, not by compulsion.

The next question that will arise is, Who are the aerodrome owners? Of the 76 civil aerodromes, 40—the majority—are owned by local authorities, and 36 by companies operating air services or by individuals. If the aerodrome owners are held to ransom, it will have a great effect upon the position of the ratepayers in many towns. In a previous speech, on the Budget, the Chancellor talked of the need for conserving public expenditure, and for reducing it. It would not be a solution to take off the general taxpayers the burden of the money which they have spent to build these aerodromes, by placing it on the backs of the ratepayers in the municipalities, who were the previous owners of the civil aerodromes. It is a real problem. I put forward this Amendment and the new Clause as what I and my hon. Friends believe to be the best solution.

4.0 p.m.

Whether the Committee agree with our Amendment or not, there must be some special treatment, outside the present wording of the Bill. There is not an aerodrome that has been taken over—an aerodrome existing before the war—that has not had very large changes made on it, in the course of the war. Those changes have cost the country a great deal of money, but they are changes that will not benefit civilian transport after the war. If the Committee follow me in this, I think they will appreciate the extent of the problems involved. The cost of concrete runways is 25s. per square yard, and, on most of these aerodromes, the minimum cost of a runway is £72,000, but the value of it may be a good deal less. If the valuers take only a percentage of the cost, it is still going to be a very heavy burden on any municipalities who have to take over the runways constructed at Government expense during the war.

It will be said, "Why not let these aerodrome owners give up their aerodromes to whoever will buy them?" The difficulty about that solution is that in most cases of local aerodromes—and I speak more especially of the municipalities—there is no alternative site suitable for air transport. If the Government took over one of these civilian aerodromes, it would mean that that town will not have the air facilities which it will require in the hew air age of the post-war period. Again, these aerodromes, with their concrete runways, certainly would have other purchasers. I think it would be possible to find, in the open market, people who are making holiday camps and amusement parks who might pay a good deal of money for these aerodromes, but these aerodromes were originally planned and purchased for the business of serving the air transport of the country, and I believe that they should be taken out of this Bill, If any Government Department wants to buy them, the Department concerned should buy them by agreement, and demand from the aerodrome owner only what is a fair and reasonable price for the original civilian facilities on the aerodrome. It is quite clear that some of the new hangars make the civilian aerodromes more valuable than they were before the war, and, after all, it is only reasonable that the owners should pay something for the new hangars. But, if we do not put in some special provision, there is grave danger that, in some localities, the rates will go up, because the authorities will have to pay large amounts for these aerodromes, and there is also grave danger that, in some parts of the country, the present aerodrome owners will lose the air services which they had planned and on which they had spent money before the war.

I have listened with care to the arguments advanced by my hon. Friend, but I must confess that I am rather unmoved by them. My hon. Friend asks for special treatment for a special class of land; that is to say, any land which, on 3rd September, 1939, formed part of a civil aerodrome licensed by the Secretary of State for Air under the Air Navigation Act. For the life of me, I cannot see why that particular class of land should be excluded from the operation of the Bill. Some of the land, it is true, perhaps most of it, is owned by municipalities, but there are quite a number of cases, of which I have one or two within my personal knowledge, where a civil aerodrome is owned by a private individual. In some of these cases, public money has been spent on improvements, and I cannot see why, by excluding the possibility of acquisition under the Bill, these improvements should automatically fall into the lap of the owner of the land. It seems to me that we must treat everybody alike under the Bill and that all land, whether it belongs to municipalities, statutory undertakers or private individuals, must be subject to the same procedure. Everybody, of course, will have the opportunity of making objections to the Commission. It will be for the Department concerned to make out its case for acquisition, if acquisition is desirable, but everybody alike will have an opportunity of placing objections before the Commission, and the Commission, we hope, will come to sensible, wise and fair decisions. I, therefore, ask the Committee to reject the Amendment.

I support this Amendment because I feel very strongly that those forward-looking municipalities and aerodrome owners who had the foresight, in very difficult circumstances before the war, to make land available to the public for the air line feeders which we require so desperately at the present time and shall require in future, should be excluded from the provisions of this Bill. The feeder lines and facilities for air transport will be greatly needed throughout the countryside and by the towns which have had the vision and imagination to provide aerodromes, and it is extremely hard that expensive, and in many cases quite unnecessary, additions—not only the runways mentioned by my hon. Friend, but buildings of all kinds which have been added, and which are purely war emergency works and will have no practical use, either to the traffic or the air public—should have to be bought by the aerodrome owners, whether municipalities or private enterprise concerns.

I also support this Amendment. The three aerodromes about which I am anxious are one in Manchester, one between Preston and Blackburn, and one owned by the Belfast Harbour Commissioners. On these aerodromes, a tremendous amount of public money has been spent. I would put it down at several million pounds, and would say that that expenditure will be of no use, probably, after the war to the municipalities and the Harbour Commissioners who run these aerodromes. I see that a great many buildings have been constructed there which, of course, were absolutely invaluable during the war, but which, for the purpose of the feeder lines and the smaller machines that will feed the great trunk lines, will be of no use at all. We all want to encourage quick transport after the war, but we shall be handicapped if we do not get this Amendment through the Committee to-day. Only this morning, I was at a meeting of the Associated British Chambers of Commerce, attended by gentlemen from all over the country. Some had travelled all night, and were going to travel back to-night, in great discomfort, but they came to represent their provincial cities at the Association's monthly meeting. If we do not have these feeder lines to London to bring such people here quickly, it will mean a great handicap to the commerce and the general business of the country, and, if the municipalities are compelled to buy these runways, which they do not want and which will be of no use to them, and also these additional buildings, it will handicap them and handicap business people as well.

I have listened with a great deal of attention to the case put by the hon. Member for Thirsk and Malton (Mr. Turton), but I must say I am not convinced. Hitherto, the attitude of hon. Members opposite to these runways and the like was that they were an appalling danger to the land and that, once land had been taken over by the Royal Air Force for aerodromes, immense damage was done. Now, we get a complete reversal of that argument. Aerodromes have been taken over and have had large and expensive runways made on them, by which, for some reason or other, they have been greatly enhanced in value. It may be that the money spent on the aerodromes has enhanced their value as aerodromes, but the hon. Member for Thirsk and Malton suggested that they might be sold to holiday camps and so on. What value has a runway for a holiday camp? I cannot see why there should be something here which the Government can sell at an enormous profit merely because that something happens to be on an aerodrome.

Any enhanced value must be for the purpose of an aerodrome, and for the purpose of an aerodrome only. You cannot have a runway that is an advantage in the one case and not in another, but there is nothing in this Bill which suggests that the Government can go to a private aerodrome or a municipal aerodrome and say "You must buy our runways and hangars at the original cost." The Government can ask for such value as remains, and that is only fair, but the only value that remains is value that would accrue if these places were used as aerodromes and not as holiday camps. It is the residual not the theoretical value for which the Government can ask compensation; it is the value to the user of the aerodrome, for which compensation should be paid. It is not the value to a user like the Royal Air Force, but the value to a user for commercial purposes, and, therefore, there is nothing in the position indicated by the hon. Member for Thirsk and Malton that cannot be equitably adjusted in the Bill. I am quite certain that it will be adjusted and I see no reason why an entirely different process should apply to aerodromes.

4.15 p.m.

I very much hope that my hon. Friends who have supported this Amendment will agree with my view that it is not one which the Government could reasonably be expected to accept. I would first ask my hon. Friend who moved the Amendment to consider what the effect would be if, as he supposes, these pre-war aerodromes were excluded from the Bill. He suggested that the Government should be left to acquire the property by negotiation. If these things are excluded from the Bill, there will be no scope for negotiation at all. As I explained on Second Reading, the effect would be that all the buildings on land on which, as hon. Members have emphasised in many cases, very large sums of public money have been spent would automatically revert to the owner of the land. There will be no possible question of negotiation. The very fact that, in many of these cases, large sums of money have been spent is not, I respectfully submit, as my noble Friend the Member for Central Bristol (Lady Apsley) suggested, a ground for excluding these properties from the Bill. It is a ground for including them.

Let me point out that, if in fact the works that have been carried out and on which large sums of money have been spent are of little or no value when the war emergency has passed, there ought to be no question of the original owner being required to be paid some inordinate disproportionate sum in compensation. Clause 10 is perfectly clear on this matter. If is for the Commission to say what is a reasonable sum to be paid, taking account of the actual residual value of the works, if the property is allowed to revert to the original owner, or it may be referred to arbitration. But, in any case, it must, if we have any faith in the Commission at all or in the arbitration referred to in Clause 10, be a reasonable sum. When we are discussing this, do let us keep in mind that in the matter of civil aviation, there are not only the private interests and the property interests; in any case, whether it is the interests of local authorities or private owners which my hon. Friends are anxious to protect, there is a very definite public interest. A Ministry has just been established to look after this whole matter in the interests of the public and I am rather amazed that it should be sought to make a case for extending the general provisions of this Bill for the absolute protection of proprietary interests, as at some pre-war date.

I think, if we have any faith in the provisions of the Bill, if we think that the very carefully drawn provisions are designed to protect proprietary interests and to balance one interest against another; if we have any faith in the Commission to be set up and any faith in the capacity of this House of Commons, should it appear that things are going wrong, to intervene and see that the Government Departments concerned are brought to a realisation of their responsibilities, we should certainly be content to see the Bill apply to these particular properties, as it applies to other properties. There is nothing in common between this Amendment and the Amendment we were considering a few moments ago. In that case we were dealing with a public interest, for interference with which compensation can be no remedy. You cannot deal with the interests of the general public by way of compensation but you can deal with a proprietary interest, and I, therefore, ask the Committee not to hesitate to reject this Amendment.

Although I have been impressed by the Chancellor's argument, I still support the Amendment. I do not think that the right hon. Gentleman has grasped the situation in regard to some of the civil aerodromes that are in the country. One that I am thinking of particularly happens to be in my constituency. It is privately-owned but has been used by the Government during the war. It has been of great use to the country. It was requisitioned, and the Government have erected buildings on land which belongs to the company and is leased to the Government for the time being. The number of people who have been trained on this aerodrome, shows what civil enterprise has meant to this country. The aerodrome started 10 or 12 years ago and the Government would have lost a great deal if the aerodrome had not been there for the Government to requisition. When the Government have gone to places like Reading, or any big town, houses have been built and the population has increased with benefit to the rates, and, as my hon. Friend who moved the Amendment said, these aerodromes make a great difference to the neighbourhood. It all depends on what is to be the civil aviation policy of the Government.

I am sorry to have to interrupt the hon. and gallant Member, but we are tending to get into a discussion of the future of civil aviation, and I would remind the Committee that we cannot do that at the present time.

I quite agree, Mr. Williams. I referred to that matter only because the Financial Secretary said it would all depend on the Commission whether they would be allowed to continue, or whether the property would be requisitioned by the Government. It is all right for the Commission to decide, but these private civil aviation companies have little money, and cannot afford to waste time for two or three years until the Commission makes up its mind whether they are to be allowed to develop their own land and their own company. They want to know now, so that they can make their plans. I referred to civil aviation only to point out that it is difficult to make plans until we know the policy of the Government with regard to civil aviation. I ask the Chancellor to think again about the matter of civil aerodromes, which are important whatever the policy may be. They are not out to make money or to get unfair compensation. These companies do not want their businesses disrupted. They have been the pioneers of aviation in this country and have done very well, and they should be put in a different category from that of other civil employers, because they are of great use to the neighbourhood in which they are situated, and to the nation. I am sure that, if they are given the chance, they will meet all the necessary demands of this country after the war.

I listened very carefully to the speeches of both my right hon. Friends and was profoundly disappointed. I thought that the Government might not have liked the method that I and my hon. Friends proposed to deal with civil aerodromes. It appears to me that my right hon. Friend the Financial Secretary cannot have studied the method we are proposing, and perhaps I was at fault in not explaining it fully when I first spoke, but I was trying to save the time of the Committee. We suggest that, in the case of civil aerodromes, they shall be purchased by agreement and not by compulsion. Why do the Government object to that? Do the Government intend compulsorily to seize civil aerodromes all over the country? If so, we want to know. I would be out of Order in going into details on the question of civil aviation, but I think I shall be in Order in saying that there is a great deal too much doubt and uncertainty about the attitude of the Government towards civil aviation generally.

The hon. Member was in doubt about being in Order. Let me make it clear that he really must not go into the whole question of civil aviation here. During the discussion of this Amendment the speeches, in one or two instances, have been very wide of the subject. I suggest that we get back to the matter of compensation.

With respect, Mr. Williams, we are not dealing with compensation, but with the question of whether the Government should take over requisitioned property under Clause 4.

I am sorry. That is the whole provision, but we cannot go into the question of civil aviation and various other things here. That was really my point.

I will certainly bow to your Ruling, Mr. Williams. I had intended to make only that one remark and then to leave that side of the subject entirely. There is the greatest doubt about the future of those 76 aerodromes. Are they to be de-requisitioned or are they to be acquired? I thought that the Chancellor would get up and say, "This is a small matter. All these aerodromes are going back to their original owners. The Government will have no post-war desire to take over these civil aerodromes that belong to municipalities." But we have not heard that at all. All we have heard is that, if the Government acquire them, there will be an opportunity of appearing before a Commission. In cases of common land or agricultural land the Commission will be there to watch over the interests of the owner and occupier of the land, but in the case of civil aerodromes that is not the protection we require. The protection that we require really is sitting on the Front Bench at the present time in the person of my hon. Friend the Parliamentary Secretary to the Ministry of Civil Aviation. But he will not be there; he will not be a member of the Commission. There will be nobody on that Commission with an understanding of the needs of civil aviation. Some other method is desired on the question of whether the Government shall acquire these civil aerodromes. As to compensation, we have suggested in our new Clause that certain matters should be referred to the Commission in order that the public purse should be protected. If hon. Members turn to page 931 of the Order Paper they will see that we suggest that—

"If any question arises between a Minister and the owner of land comprising a civil aerodrome as to the restoration of the land … or as to the removal or disposal of the Government war works thereon, it shall be referred to the Commission."

That is dealt with in Subsection (1) of Clause 4 which says that land shall be taken. The Financial Secretary seems bent on acquiring civil aerodromes which, in the national emergency, were handed over to the State. He envisages the possibility that all these aerodromes are to be retained by the State after the war. I am shocked to observe that attitude and I can assure him that those remarks will cause a good deal of apprehension in the minds of municipalities and other aerodrome owners all over Britain. There certainly will be few but they should all be dealt with by agreement, but there will be, in cases of derequisitioning, many problems dealing with the restoration of land forming part of an aerodrome, and what value a military aerodrome will be as a civil aerodrome. Therefore, I and my hon. Friends have proposed that these matters should be referred to the Commission. I am sure that nobody in the Committee who had not read the new Clause would have thought from the arguments used by the Chan- cellor and the Financial Secretary that we are proposing to use the Commission for those purposes. I said when I moved the Amendment that something must be done, and that some special legislation is required for dealing with the problem of civil aerodromes. I am not wedded to every word or line of our Amendment or new Clause, but I ask the Government to think again, otherwise we shall be forced to carry this Amendment to a Division.

4.30 p.m.

I hope that the Financial Secretary and the Chancellor of the Exchequer will consider this point again because it seems to me that there is substance in the argument put forward by my hon. Friend the Member for Thirsk and Malton (Mr. Turton), and the substance of the argument has not been met, as I see it, at the present moment. It seems to me that the Chancellor of the Exchequer has sought to brush the contentions on one side, by stating as a proposition, that you cannot compensate for the acquisition of public right, whereas you can always compensate for the acquisition of anything in the nature of a private right even if owned by a local authority. I think that proposition is untenable.

What is going to happen here? You will have a local authority which, by its initiative before the war, provided a most valuable asset for our war effort. It may be that the initiative was shown by a private company, but that is an irrelevant point. Anyhow, initiative has been shown and, because of that initiative, advantage was taken by the Government to extend the runways, put up new buildings, and the Government now come along and say, "We want to realise the value of the work we have done on this particular land. We can compensate you in cash. We will take over not only the buildings which we erected, not only the extension of the runways, but the whole of the aerodrome that you constructed before the war." That may be very well, if another aerodrome could be constructed to serve the same municipality at something like the same price. But that cannot be done, and it seems to me quite wrong that those people who have shown initiative in the past—initiative which has been of the greatest value to the country—should, because the Government want to realise an asset, be deprived of that aerodrome and of the opportunity, perhaps, of building another aerodrome which can serve the purpose for which that aerodrome was originally intended. I have not considered in any great detail the terms of the Amendment, but I do ask the Chancellor of the Exchequer and the Financial Secretary to see if they can devise some means which will preserve for the civilian proprietors the aerodromes which they had before the war, and, at the same time, secure for the Crown some part of the extra value which the Government work has added to the existing aerodrome.

I do not know whether I am incorrect, but I gathered the impression from the speech of the Financial Secretary that he thought this Amendment is endeavouring to differentiate between the private and the municipal owners of aerodromes.

No, I said just the opposite; I said that some of these civil aerodromes were owned by private owners and others by municipalities, and that the Amendment deals with them all in the same way.

I am very grateful to my right hon. Friend for correcting me; I only wanted to make sure that the impression was not there, and I am glad to find that we are in agreement. I was quite prepared to hear from the Chancellor of the Exchequer that there might be some technical objection to the form of this proposal, and I recognise that there may be a difficulty in the way in which the Amendment has been drafted to be overcome in regard to the prevention of war work returning to the owners of the land. I feel that is a difficulty which could quite easily be overcome and it is not really a material objection to the principle of this Amendment. The real difficulty I see is that we are dealing with a very exceptional case. We cannot provide alternative sites for aerodromes which are of equal convenience and of equal cost and of equal merit in the same localities. It is very exceptional indeed to find land that can be laid out in alternative sites for aerodromes.

I consider, therefore, that the powers which the Government propose to take with regard to acquisition in these circumstances amount to absolute blackmail. It may be quite essential for a local authority or for some public utility concern or for some private concern to have running on in conjunction with its business, either for the benefit of the public or for the benefit of its own private needs and purposes, an aerodrome. If that aerodrome existed before the war and was requisitioned, the Government having, as in all probability has been the case, expended substantial sums in war works in connection with that aerodrome, they will have the power to force the previous owner of the aerodrome to pay such a price as would quite prohibit the possibility of his being able to enter the market for the acquisition of the aerodrome, and that is bound very largely to limit the future development, either of the authority or of the concern in question. The right hon. Gentleman threw the owners on to the Commission and left it to the Commission to decide as to what was reasonable, but I do not believe that is possible in this case, because again you get no competitive element.

The only people who can say what is a reasonable price in these particular circumstances are those who want to use the aerodrome, because quite obviously it is most unlikely that it will be used privately for anything except an aerodrome. Those people are either a new flying organisation or the old flying organisation, whatever it may be. If it is a new flying organisation, they will presumably—if arrangements have been made under the new Ministry for them to have the right to operate—be in a position to pay such price as will be fair and reasonable to them as a willing purchaser for the additional benefits and the additional war works which have been put on to that aerodrome. On the other hand, if the prospective user is the person who was in process of developing before the war but has had that line of development interrupted for the last six years, he is by no means in the position of being such a willing purchaser of the new works which have been put on to that aerodrome. Therefore, I do not think it can rightly be said that it is a matter which the Commission can reasonably decide, because there is no balance which any body of arbitrators, such as the Commission will be, can have to guide them as to what would be a reasonable price to pay in regard to expensive war works which have been put upon the land and which are now perhaps of no use or value to the original owner.

I, too, hope that the Government will reconsider their attitude on this problem. I am one of those Members within whose constituency there is an aerodrome of exactly the type which might be affected by the Bill as it now stands. Some time before the war the local authority acquired land on which they constructed an aerodrome and which they leased to an operating company. The reason why they acquired that aerodrome was to encourage people to live in that district and, with the arrival of transport, to be able to travel from that district to the place of their work. As a result they have a record on that aerodrome of the largest number of civil passengers carried from any airport in this country because they built up a commuting service between one side of the Bristol Channel and the other. It is most remarkable, incidentally, the way that all Welshmen like to sleep in Somerset whenever they have the opportunity, instead of sleeping in their own land. However that may be, during the early days of the war, quite rightly, that aerodrome was taken over. On it were built elaborate runways, buildings and so on, and round the edge of it were erected large factory buildings which were made use of by a well known firm of aircraft manufacturers.

What would be the position under the Bill as it is drafted? The aircraft manufacturers might come along and say, "We are prepared, in the event of your seizing this land, to pay a very reasonable price for the buildings, the runways and so on, so that we can make use of this aerodrome in connection with the existing buildings which are factories to test out our aircraft." In that case the argument used by the hon. Member for Chesterfield (Mr. Benson) falls completely to the ground. The value of the work done in one case would be very high to the aircraft company if they wished to use that land for purposes of testing aircraft in conjunction with the factory. The value of the work done to the local authorities who own the aerodrome, however, is practically nil as regards the carrying of any operations for civil flying. I do not want to provoke the hon. Member for Chesterfield to provoking me to take more time of the Committee than is necessary, but you get the peculiar position where the value of the work done for a specific set of purposes is high and the value of the work done for another set of specific circumstances is very low indeed. His generalisation, if I may say so, appeared to me to be rather on the dangerous side, but I think my right hon. Friend the Chancellor of the Exchequer gave the whole show quite away. He used the argument that the public interest cannot be compensated. But he omitted the one thing which affects my constituents—how would it be possible for the Commission to assess the value of the loss to which my constituents and the neighbouring town would be subjected if that aerodrome were not available to them for the purposes of carrying the commutors backwards and forwards to South Wales, Bristol and elsewhere?

There is something which it is quite beyond the power of any Commission to assess. It is a profit which a far-sighted local authority have had the courage to take steps to provide in the future for the people living within their boundaries. I cannot imagine how any Commission, faced with offers of large sums of money, on the one hand from an aircraft company—or maybe from a railway company, for it is very near a railway station, the railway running down one side of the aerodrome. We live on a most progressive railway, the Great Western Railway. Some people think it goes backwards more than it goes forward, but I do not believe that.

I was rather wondering about this speech, which seems to me to be progressing rapidly away from the point. The hon. Gentleman must limit his remarks to the Amendment.

I am sorry, Mr. Williams, and I realise that as we are living on the same railway, I might embarrass you. I shall try to limit my remarks very closely to the Amendment, but I submit that I was, in fact, talking on a practical point. It may be that my constituents may be forced to receive their visitors after a railway journey instead of receiving them after an air journey. That may not seem a very important thing to you, Mr. Williams—

That undoubtedly is going much too far. The hon. Gentleman must be reasonable and keep to the Amendment.

I did not mean to go beyond the Amendment and I apologise again. I hope that my right hon. Friends will reconsider this. It will arouse a grave feeling of distrust as to the way that His Majesty's Government propose to care for the interests of a large number of people who, in turn, have supported their properly elected local government in taking steps for their own future benefit. I think that is a form of distrust which it is very dangerous to encourage, and therefore I would ask that further consideration be given to this matter.

4 45 p.m.

I think we ought to congratulate the hon. Member for Thirsk and Malton (Mr. Turton) on the ingenuity with which he has drafted this Amendment. By mixing two quite different things, it allows quite good arguments to be used to produce a very bad end. We have in this Amendment, first of all, municipal aerodromes which have been used by the Government during this war and war works have been erected on them. I think a case can be made out that these municipal aerodromes ought to go back to the municipalities, who should pay only a reasonable price for the war works which will be of use to them after the war. That is safeguarded by the Bill, because the Minister of Civil Aviation is a member of the Government and, therefore, the Government will be desirous of helping civil aviation.

But the Minister of Civil Aviation is not a Minister who will operate under this Bill.

I agree. It is an argument often brought up that all Ministers should be mentioned in a Bill, but surely the doctrine of Cabinet responsibility means that the Minister of Civil Aviation will be consulted and, presumably, there will be agreement in the Government as to what is to be done. I cannot conceive of the Government taking civil aerodromes from municipalities and letting them rot or be turned into amusement parks, as has been suggested. Most of the arguments on this matter have been concerned with civil aerodromes. I am not very worried whether the important war works which have been provided out of the public purse are to be handed over to municipalities, and I am also not very much worried whether municipalities might have to pay rather more than a fair price to the Government for the run- ways they require. It is only two different compartments of the public purse. The acceptance of this Amendment would mean that in certain cases, private individuals, who owned poor and scrappy aerodromes before the war, would have them handed back as good aerodromes, on which a great deal of public money had been spent. That, I think, rather exposes this Amendment and a lot of the support it has received to-day. This Amendment is designed, very largely, to pass to private persons value which has been created out of the public purse. If its supporters had really wanted to protect local authorities they would have worded their Amendment in that way, and not put down this Amendment, which I hope the Committee will reject.

I want briefly to reinforce the plea which has been made that the Government should have another look at this matter. I am not very familiar with the details of the subject, and do not pretend to be, but I am confident that something has gone a little wrong. The hon. Member for Skipton (Mr. H. Lawson) talked about civil aerodromes on which large expenditure by the Government had taken place, and said he was afraid lest private owners would receive undue benefit later, by this Amendment. But there are different cases from that. There is in my constituency an aerodrome, owned by a private company, which has itself expended hundreds of thousands of pounds on it, and about which it is anxious lest, under the terms of the Bill, it should lose the benefit of the money which has been spent on that aerodrome if the Government have the right to acquire land and buildings which will spoil the work the company has done.

There is another case in my constituency of a municipal aerodrome—the municipality itself is not mainly in my constituency—where, again, I think, it can be argued that that is an aerodrome which should have a great future in civil aviation. Without adequate protection being ensured how are we to know that that aerodrome will, in fact, be used for that purpose? It is a matter of the greatest possible importance to the Southampton Corporation, which owns that aerodrome, and I would like an assurance from the Government that they will reconsider this question.

I do not wish to detain the Committee by repeating any of the arguments which have been put forward, except to support what has been said by my hon. Friends. My hon. Friend the Member for Winchester (Mr. Palmer) referred to a municipal aerodrome which my Corporation have in his constituency. We fear the effects of this Bill on that aerodrome, and unless the Government reconsider the matter I hope my hon. Friends will press it to a Division. We feel that there is something deeper behind this matter, and that the Government, through this Bill, are out to collect the whole of the civil aerodromes of the country.

Hon. Members have put forward further points of view after listening to my right hon. Friend the Chancellor, and it appears that the present mood of the Committee is to go to a Division on this matter. If we are to go to a Division, let us be clear as to what is the issue. Unless this land is included within the scope of the Bill then important Government war works, including buildings of considerable value, will revert, quite automatically, into the hands of both municipalities and private individuals. My hon. Friends say that special protection ought to be given to the interests of civil aviation. But special protection has already been afforded for such interests. We now have a Minister of Civil Aviation—his Parliamentary Secretary is here now on the Front Bench—who, as my hon. Friend the Member for Thirsk and Malton (Mr. Turton) pointed out, is not one of the

Ministers who enjoy powers of acquisition under this Bill and who, therefore, will be all the more concerned to see that the Secretary of State for Air and the Minister of Aircraft Production do not put forward unnecessary proposals. He will be there to take a stand on behalf of civil aviation interests at an early stage—that is, before proposals for acquisition are formulated and laid before the Commission.

Let me be quite clear about this question of value. Hon. Members seem to think that a municipality, in order to retain its aerodrome, will be forced to pay to the Government the whole of the money the Government have expended on the land. Nothing could be further from the truth. The fact is that it will be for the Commission themselves, or for the arbitrator appointed by the Commission under Sub-section (I) of Clause 10, to decide what is a fair and reasonable sum, if anything, for the municipality to pay on account of the improvements carried out on its aerodrome at Government expense. If we cannot trust the Commission or the arbitrator to assess a fair sum, then I must say that it is hopeless to argue about this matter. Clearly, we cannot, for the reasons I have stated, accept the Amendment and so allow sums of public money automatically to be handed over, in effect, to private individuals.

Question put, "That those words be there inserted."

The Committee divided: Ayes, 25; Noes, 254.

Division No. 19.]

AYES.

[4.55 p.m.

Apsley, Lady

Neven-Spence, Major B. H. H.

Touche, G. C.

Bennett, Sir P. F. B. (Edgbaston)

O'Neill, Rt. Hon. Sir H.

Watt, F. C. (Edinburgh, Cen.)

Brown, Brig.-Gen. H. C. (Newbury)

Orr-Ewing, I. L.

Wayland, Sir W. A.

Culverwell, C. T.

Palmer, G. E. H.

White, Sir Dymoke (Fareham)

Evans, Col. Sir A. (Cardiff, S.)

Robinson, Wing-Com. J. R. (Black'p)

Williams, Sir H. G. (Croydon, S.)

Higgs, W. F.

Salt, E. W.

Hurd, Sir P. A.

Savory, Professor D. L.

TELLERS FOR THE AYES:—

Irwin, Captain Lord

Simmonds, Sir O. E.

Mr. Turton and

Keeling, E. H.

Smiles, Lt.-Col. Sir W. D.

Lt.-Com. Joynson-Hicks.

Mellor, Sir J. S. P.

Thomas, Dr. W. S. Russell (S'th'm'tn)

NOES.

Acland-Troyte, Lt.-Col. Sir G. J.

Beamish, Rear-Admiral T. P.

Brooke, H. (Lewisham)

Adams, Major S, V. T. (Leeds, W.)

Beattie, F. (Cathcart)

Brooks, T. J. (Rothwell)

Adamson, W. M. (Cannock)

Beaumont, Maj. Hn. R. E. B. (P'tsm'th)

Brown, Rt. Hon. E. (Leith)

Agnew, Comdr. P. G.

Beech, Major F. W.

Brown, T. J. (Ince)

Albery, Sir Irving

Benson, G.

Buchanan, G.

Anderson, F. (Whitehaven)

Berry, Hon. G. L. (Buckingham)

Bull, B. B.

Anderson, Rt. Hon. Sir J. (Sc'h Univ.)

Bevin, Rt. Hon. E. (Wandsworth, C.)

Bullock, Capt. M.

Astor, Visc'tess (Plymouth, Sutton)

Blair, Sir R.

Burton, Col. H. W.

Barnes, A. J.

Bower, Norman (Harrow)

Cadogan, Major Sir E.

Barr, J.

Brocklebank, Sir C. E. R.

Campbell, Sir E. T. (Bromley)

Cape, T.

Hollins, J. H. (Silvertown)

Pearson, A.

Cary, R. A.

Hopkinson, A.

Perkins, W. R. D.

Challen, Flight.-Lieut. C.

Horabin, T. L.

Petherick, M.

Channon, H.

Hore-Belisha, Rt. Hon. L.

Pethick-Lawrence, Rt, Hon. F. W.

Charleton, H. C.

Hubbard, T. F.

Peto, Major B. A. J.

Chater, D.

Hudson, Sir A. (Hackney, N.)

Pickthorn, K. W. M.

Cluse, W. S.

Hudson, Rt. Hon. R. S. (Southport)

Ponsonby, Col. C. E.

Colindridge, F.

Hughes, R. Moelwyn

Pownall, Lt.-Col. Sir Assheton

Colman, N. C. D.

Hulbert, Wing-Commander N. J.

Prescott, Capt. W. R. S.

Conant, Major R. J. E.

Hume, Sir G. H.

Procter, Major H. A.

Courthope, Col. Rt. Hon. Sir G. L.

Hutchinson, G. C. (Ilford)

Pym, L. R.

Cove, W. G.

Hutchison, Lt.-Com. G. I. C. (E'burgh)

Quibell, D. J. K.

Cox, Major H. B. Trevor

Hynd, J. B.

Rankin, Sir R.

Critchley, A.

Jennings, R.

Reakes, G. L. (Wallasey)

Crooke, Sir J. Smedley

Jewson, P. W.

Reed, A. C. (Exeter)

Crookshank, Capt. Rt. Hon. H. F. C.

John, W.

Reed, Sir H. S. (Aylesbury)

Cundiff, Major F. W.

Jones, A. C. (Shipley)

Reid, W. Allan (Derby)

Daggar, G.

Jones, Sir G. W. H. (S'k N'w'gt'n)

Richards, R.

Davies, Clement (Montgomery)

Jones, Sir L. (Swansea, W.)

Ritson, J.

Davies, Major Sir G. F. (Yeovil)

Kendall, W. D.

Robertson, Rt. Hon. Sir M. A. (H'ham)

Davies, S. O. (Merthyr)

Kerr, Sir John Graham

Robinson, W. A. (St. Helens)

Davison, Sir W. H.

Key, C. W.

Ross, Taylor, W.

De Chair, S. S.

Kimball, Major L.

Royds, Admiral Sir P. M. R.

Drewe, C.

Kirby, B. V.

Russell, Sir A. (Tynemouth)

Driberg, T. E. N.

Lakin, C. H. A.

Sanderson, Sir F. B.

Duckworth, W. R. (Moss Side)

Lamb, Sir J. Q.

Scott, Lord William (Ro'b'h & Selkirk)

Duncan, Capt. J. A. L. (Kens'gton, N.)

Lancaster, Lieut.-Col. C. G.

Shephard, S.

Dunglass, Lord

Law, Rt. Hon. R. K.

Shepperson, Sir E. W.

Davies, D. R. S. (Carnarvon Boroughs)

Lawson, H. M. (Skipton)

Shinwell, E.

Eccles, D. M.

Lawson, J. J. (Chester-le-Street)

Shute, Col. Sir J. J.

Edmondson, Major Sir J.

Leach, W.

Sidney, Captain W. P.

Edwards, Rt. Hon. Sir C. (Bedwellty)

Leighton, Major B. E. P.

Silverman, S. S.

Edwards, N. (Caerphilly)

Leslie, J. R.

Smith, Sir Bracewell (Dulwich)

Elliot, Lt.-Col. Rt. Hon. W. E.

Levy, T.

Smith, E. P. (Ashford)

Ellis, Sir G.

Liddall, W. S.

Smith, T. (Normanton)

Etherton, Ralph

Linstead, H. N.

Somervell, Rt. Hon. Sir D. B.

Everard, Sir W. Lindsay

Lipson, D. L.

Southby, Comdr. Sir A. R. J.

Fermoy, Lord

Lloyd, Major E. G. R. (Renfrew, E.)

Spearman, A. C. M.

Fleming, Squadron-Leader E. L.

Loverseed, J. E.

Stephen, C.

Fraser, T. (Hamilton)

Lyle, Sir C. E. Leonard

Stewart, W. Joseph (H'gton-le-Spring)

Furness, S. N.

MacAndrew, Colonel Sir C. G.

Stokes, R. R.

Fyfe, Major Sir D. P. M.

McCorquodale, Malcolm S.

Storey, S.

Gallacher, W.

Macdonald, Captain Peter (I. of W.)

Strauss, G. R. (Lambeth, N.)

George, Lady Megan Lloyd (Anglesey)

McEntee, V. la T.

Strickland, Capt. W. F.

Gibbins, J.

McGhee, H. G.

Stuart, Lord C. Crichton- (Northwich)

Gibbons, Lt.-Col. W. E.

McKie, J. H.

Stuart, Rt. Hon. J. (Moray & Nairn)

Glanville, J. E.

McKinlay, A. S.

Studholme, Major H. G.

Glyn, Sir R. G. C.

MacLaren, A.

Suirdale, Colonel Viscount

Goldie, N. B.

Maclean, Brig, F. H. R. (Lancaster)

Sutcliffe, H.

Grant-Ferris, Wing-Commander R.

McNeil, H.

Taylor, Major C. S. (Eastbourne)

Green, W. H. (Deptford)

Magnay, T.

Taylor, Vice-Adm. E. A. (P'd'ton, S.)

Greenwell, Colonel T. G.

Mainwaring, W. H.

Taylor, H. B. (Mansfield)

Greenwood, Rt. Hon. A.

Makins, Brig.-Gen. Sir E.

Thorneycroft, Capt. G. E. P. (Stafford)

Grenfell, D. R.

Mander, Sir G. le M.

Thorneycroft, H. (Clayton)

Gretton, J. F.

Manning, C. A. G.

Tinker, J. J.

Griffiths, G. A. (Hemsworth)

Martin, J. H.

Tufnell, Lieut.-Comdr. R. L.

Griffiths, J. (Llanelly)

Mathers, G.

Wakefield, Sir W. W.

Grimston, Hon. J. (St. Albans)

Maxton, J.

Walkden, A. G. (Bristol, S.)

Grimston, R. V. (Westbury)

Mayhew, Lt.-Col. J.

Ward, Col. Sir A. L. (Hull)

Groves, T. E.

Mills, Major J. D. (New Forest)

Ward, Irene M. B. (Wallsend)

Gruffydd, Professor W. J.

Molson, A. H. E.

Watkins, F. C.

Gunston, Major Sir D. W.

Montague, F.

Watson, W. McL.

Guy, W. H.

Morgan, R. H. (Stourbridge)

Watt, G. S. Harvie (Richmond)

Hacking, Rt. Hon. Sir D. H.

Morrison, Rt. Hon. H. (Hackney, S.)

Webbe, Sir W. Harold

Hall, W. G. (Colne Valley)

Morrison, Major J. G. (Salisbury)

Westwood, Rt. Hon. J.

Hannon, Sir P. J. H.

Morrison, R. C. (Tottenham, N.)

White, H. Graham (Birkenhead, E.)

Hardie, Mrs. Agnes

Mort, D. L.

Whiteley, Rt. Hon. W. (Blaydon)

Harris, Rt. Hon. Sir P. A.

Muff, G.

Williams, E. J. (Ogmore)

Harvey, T. E.

Murray, J. D. (Spennymoor)

Willoughby de Eresby, Major Lord

Henderson, J. (Ardwick)

Naylor, T. E.

Windsor-Clive, Lt.-Col. G.

Heneage, Lt.-Col. Sir A. P.

Nicholson, G. (Farnham)

Woodburn, A.

Hewlett, T. H.

Nicolson, Hon. H. G. (Leicester, W.)

Young, Sir R. (Newton)

Hicks, E. G.

Noel-Baker, P. J.

Hinchingbrooke, Viscount

Oldfield, W. H.

TELLERS FOR THE NOES:—

Hogg, Hon. Q. McG.

Owen, Major Sir G.

Major A. S. L. Young and

Holdsworth, Sir H.

Peake, Rt. Hon. O.

Mr. Beechman.

5.0 p.m.

I beg to move in page 2, line 44, at end, insert:

"Provided that the power of acquisition shall not be exerciseable in any case where the government war work or government war use commenced after the nineteenth day of December, nineteen hundred and forty-four."

The purpose of this Amendment is to ensure that Government Departments generally do not take advantage of the provisions of this Bill. The Bill gives wide powers to a large number of Government Departments. It may be within the recollection and experience of hon. Members that when the Bill was first made public certain measures which some Government Departments, notably the War Office, were taking with regard to de-requisitioning land were stopped because the powers contained in the Bill as presented to the House were very much more favourable than the powers under which the Government Departments would otherwise have had to operate. The Amendment, therefore, provides that any work begun after the day when the Bill was presented to Parliament shall come outside the scope of the Bill. Only last night we had an example of unnecessary and indeed profligate action by the War Office. The land on which that action was taken will come within the scope of the Bill. I am referring to the action that was taken in the case raised by my hon. Friend the Member for Harborough (Mr. Tree). In that case the Government can use the powers of this Bill. I do not believe it right or proper that they should, and I think that case and similar cases should be excluded from the provisions of the Bill.

I am not aware of the particular case to which my hon. and gallant Friend the Member for Ripon (Major York) has referred, but I cannot advise the Committee to accept this Amendment. I quite see the point which my hon. and gallant Friend has made, but unfortunately we are not through the war yet, and certainly after the dates in the Amendment, and indeed after the dates at present in the Bill, it may be necessary to do war work, to requisition land and put up buildings on it, or extend buildings. It would be quite wrong to put outside the principles and powers of this Bill work done with public money after 19th December, 1944. I do not think the Committee will be under any real apprehension that Government Departments are going to do bits of work which really have no use from the point of view of the war simply in order to be able to acquire isolated plots under the provisions of this Measure. I am sure my hon. and gallant Friend does not really suggest that. Of course, it is possible that action taken by a Government Department may be thought to be foolish by some people, although wise by others, but in so far as it is felt that action taken by the War Office or by some other Department at this stage is unnecessary, the right way to deal with it is to raise the matter in the House as a piece of administration which the hon. Member concerned thinks is not justified by circumstances as they are. For the reasons I have given, I, cannot advise the Committee to accept an Amendment drawing a definite line at the date of 19th December, 1944.

Amendment negatived.

The next Amendment I propose to call is that in the name of the hon. and gallant Member for Penrith (Lieut.-Colonel Dower), although I must reserve the right to rule him out of Order, as I doubt whether this is its proper place.

I beg to move, in page 2, line 44, at the end, insert:

"(2) Except as may be hereinafter expressly provided with respect to any description of works, the land shall not be acquired otherwise than by agreement if the Commission decide that in all the circumstances of the case the land ought to be returned to the owner restored, either wholly or partially as the Commision may determine, to the state in which it was before the Government war use thereof or before the execution of Government war works thereon and regard shall be had to this enactment in the application of the provisions hereinafter contained to any particular case."

I hope I shall be able to allay your doubts, Major Milner. The purpose of this Amendment is merely to give effect in an early part of the Bill to the promise given in the Second Reading Debate by the Chancellor that in the vast majority of cases land would be restored and returned to its rightful owner. I regret that owing to other work I have not been able to be in the Committee the whole time, as I would like to have been, but so far as I can see, the first Clause in which this intimation is inserted is Clause 11. Clauses 4 to 10 give to Government Departments sweeping powers, some of which are no doubt very necessary, but I think these Clauses are rather inclined to give a wrong impression to the Bill. I think that at an early stage, in Clause 4, there ought to be inserted a provision that in the majority of cases, as the Chancellor said, the land is to be restored and returned to the owner. At the beginning I did not think my right hon. Friend was going to give way on this Bill at all, but he has been very generous in accepting Amendments, and as this is the only Amendment on the Paper in my name, I ask him to take my enthusiasm and admiration for granted and accept the Amendment, or make some insertion in an early part of the Bill of the intimation which he expressed on the Second Reading.

5.15 p.m.

As I think my hon. and gallant Friend realises, these words would not in fact bring about the physical restoration of the land. They really leave the matter as it was. But I appreciate the importance of the point. If the Government are proposing to purchase in order to restore the land, as they have the power to do, the owner can give an undertaking, and the Commission can accept that undertaking. There is a further power under Clause 47 under which, if the owner is willing to restore the land, an advance may be made to him over and above the level in the Compensation (Defence) Act. Undoubtedly, if the owner satisfies the Commission that he is anxious to get the land and restore it, and that he would be able to do so if he got a grant under Clause 47, it is our intention that the Commission should be able to consider it. But the Amendment would not really bring about the actual restoration of the land and I do not think it would be practicable.

Amendment negatived.

I think the following three Amendments might be discussed together—in page 2, line 47, leave out "the Minister of War Transport"; in line 47 after "Transport," insert "and" and in line 48, leave out "and the Minister of Works."

It would be more convenient to have separate discussions. One Amendment deals with Part III and the others with the whole Bill. It would be difficult to separate our arguments in one coherent speech.

I beg to move, in page 2, line 47, to leave out "the Minister of War Transport."

This is in the nature of an exploratory Amendment, to give the Government an opportunity of explaining the necessity for including the Ministry of War Transport in the Bill and of explaining the sort of land that it may be necessary to acquire. My hon. Friend the Member for Thirsk and Malton (Mr. Turton) referred to Part III of the Bill, which deals with roads and highways, but I am more concerned with docks and harbours, and I am a little anxious whether the Ministry of War Transport, having incurred some expenditure on a dock or harbour, might, in order to recoup that expenditure, buy out a local authority's dock or harbour. I should like the Parliamentary Secretary to the Ministry of Transport to make a statement of his policy if the Amendment is not pressed.

As I see it, the Bill deals with the acquisition, for defence or quasidefence purposes, of large quantities of requisitioned land. It is dealing with border line cases of defence. The Ministry of Works, on the other hand, is the requisitioning authority for every Government Department, and the inclusion of the Ministry of Works will mean that every Government Department will be able to acquire requisitioned land compulsorily for any purpose, subject, of course, to the safeguarding of the Commission. Is that a wise position at the present time? The activities of the Ministry of Works, have been reported on recently by the Select Committee on National Expenditure, dealing with the release of requisitioned land and buildings. They state:

"The Ministry of Works has requisitioned 1,500 small dwelling houses which are still under requisition."

Is it the intention of the Government that those requisitioned houses, which are urgently required to be de-requisitioned, should positively be acquired for other purposes? There are, further, 21,000 requisitions of land and buildings done by the Ministry of Works during recent years. But the important thing is the position in London. We are told that the Ministry of Works has under requisition the alarming total of 21,000,000 square feet of space. That is the equivalent of 46,000 houses. The Committee go on to say:

"Additional demands for office space in London continue to be made at an average rate of 30,000 to 40,000 square feet a month."

It will be a great pity if the de-requisitioning of property is hampered because under this Bill the Ministry of Works will have power to acquire compulsorily requisitioned property. I do not think it is the wish of the Committee that that power should be given. It is true that the Select Committee themselves say:

"Your Committee are in general alarmed at the increasing Departmental demands for office space in London and elsewhere. New Government Departments established for war purposes or post-war needs, such as the new Ministry of National Insurance at Newcastle, have made, and will continue to make, heavy demands on space for building capacity required for housing and trade at a time when alternative accommodation is most difficult to find and available accommodation has been curtailed by enemy action."

I suggest that we should be reluctant to give the Ministry of Works this power of compulsory purchase, which they do not possess at present and never possessed pre-war, at a time when the office properties that they are trying to secure could be used for the housing of the people. It seems to me that there is a grave danger that the use of this power may delay men from the Services getting the housing accommodation that they will need when they are demobilised. Of course, the Ministry have compulsory powers for office accommodation, and that is the real purpose of the power of the Ministry of Works. Properties which ought to be derequisitioned will not be de-requisitioned but will be acquired and used for new Departmental offices.

Does the hon. Member suggest that the Government have built vast blocks on requisitioned land? That is the gist of his argument.

I am afraid the hon. Member has not been present during the whole of our deliberations or he would have seen that the Bill does not merely give power to acquire where there is virgin land. I myself had offices for a short time in London and I made considerable structural alterations in those offices, which were requisitioned property. Under Clause 5 that could be acquired by the Government and tremendous structural alterations could be made, not necessarily for the benefit of the tenant, but a great deal of public money might be spent on it. My fear is that the inclusion of the Ministry of Works will mean that some property which ought to be de-requisitioned will be compulsorily acquired for office property.

There is another aspect of Ministry of Works activity. They have, in fact, requisitioned land for the purpose of opencast coal workings. I hope that whoever replies for the Government will say that this mention of the Minister of Works is not intended to give him power to acquire compulsorily land which has been used for open-cast coal working. Unless we can get that assurance a certain amount of consternation will arise in parts of the country where open-cast working has been carried on. I am sorry that, when we are discussing the inclusion of a Ministry in the Bill, it is not represented on the Front Bench. The Parliamentary Secretary for War Transport is here, though I do not intend to say a word about whether he should be in the Bill or not, but neither the Minister of Works nor his Parliamentary Secretary is here to defend his inclusion in the Bill. I hope we shall get an explanation how far it is intended to use the Ministry of Works as a requisitioning authority to acquire land under the Bill.

5.30 p.m.

The Committee have already passed a Clause which sets out the powers and purposes for which land can be acquired under this Bill. Therefore, I would suggest that the picking out of particular Ministers as the appropriate Ministers to exercise those powers, is a matter of machinery rather than of substance. The powers have already been discussed, and I would venture to suggest, subject to the Chair, that we cannot on this Amendment go into the question of those powers. Let me tell the Committee why we thought it right to add the Ministers of War Transport and Works to those Ministers who have power to acquire under the Defence Act. The reason is the simple one that they are the Ministers who have spent vast sums, either on requisitioned land or in doing work on non-requisitioned land, and it is this expenditure which has brought about the problem which has led to the introduction of the Bill. It would be foolish not to confer the power of acquisition on the Minister whose Department has spent the money, whose files are the relevant files to consult in seeing what money has been spent and all the rest of it, and whose officials have been dealing with the work which will, in cases where acquisition is sought, be the basis of the Crown case for acquisition.

The Minister of War Transport is ready to meet any challenge at any time on any topic connected with his Department, but I do not think this would be the right occasion for him to make a general statement as to his policy in exercising the powers under this Bill. The Ministry of War Transport have spent large sums of money in connection with docks, railway sidings, new harbours and the rest of it. Every case has to be considered on its own facts, but there may well be cases where the Minister will want power of acquisition so as to acquire the work in order to hand it over to the existing dock authority. Sidings may have been put down in the neighbourhood of a dock or harbour on requisitioned land, and he may want to acquire them in order to hand them over. The Ministry of Works have spent tens of millions of pounds on buildings such as factories, stores for food, hospitals, camps and so on. They have not merely been the requisitioning authority, as my hon. Friend thought; they have been the big constructing spending Department on behalf of all the other Ministers. The fact that the Minister of Works is in this Clause, does not suggest that in every case where he has spent money the Government will say that it is a proper case for acquisition, but it would be foolish not to put the Minister who has spent tens of millions of pounds on buildings and works among the Ministers who can acquire, because it is in his Ministry that all the information and relevant facts exist.

I agree with my hon. Friend that we do not want to impede de-requisitioning in cases where it can properly be done, and I am sure that it is the general wish of the Government that where de-requisitioning can be done it should be done as soon as possible. I can assure my hon. Friend that it is absolutely necessary to put in the Minister of Works here as a potential acquiring authority, and that it does not imply any desire or intention to delay de-requisitioning. My hon. Friend made a considerable reference to dwelling houses. It is some time since we last discussed this Bill, and I wondered whether he had forgotten the special protection, which received acceptance and welcome in every portion of the House, that has been put in with regard to the requisitioning of dwelling houses. I hope the Committee will accept the view that it is not only reasonable to put in the Ministers of War Transport and Works as potential acquiring Ministers, but that it would be extremely foolish not to put them in.

The Committee will welcome the arrival of my hon. Friend the Parliamentary Secretary to the Ministry of Works. Having seen him just before, I was afraid that he had, physically, got himself among the wrong company, as he appears in another sense to have got himself in the wrong company on this Bill. I listened with the greatest attention to my right hon. and learned Friend and was completely convinced how right we were to move this Amendment. The Ministry of Works have been the agents for other Government Departments in the requisitioning and the constructural side of enormous quantities of works. They have spent masses of public money, but why that should entitle them to the acquisition of property upon which such money has been spent on behalf of other Departments, I fail to see. The argument that it is a matter of convenience for the Department which has the files to have the right of acquisition is a dangerous one. Those of us who have had the opportunity of seeing inside a Government Department during recent years know how tempting it is for anyone who has been working on a file for a long time, and has grown up with the file, to look upon the contents of the file as almost his own child and not to restrain the desire for acquiring the physical properties represented by the file. I fail to see why the Ministry of Works should have the right of acquiring property if the Government Department for which they have spent the money on that property does not require the property to be acquired on its behalf. I believe that my hon. Friend the Parliamentary Secretary has got himself into the wrong company, and I hope he will not press his presence there any longer.

I am against these Amendments. I am in favour of the Minister of War Transport and the Minister of Works having the power to requisition or to acquire land. As a matter of fact, I am in favour of every Minister and every Parliamentary Secretary having the power in the name of the people to acquire all land. There used to be a recognised practice in Ireland of using the landlords as the target for the shot-guns of the peasants. When I listen to the representatives of the landlords on the other side, I must say that it was a very good practice.

I will not follow the hon. Member for West Fife (Mr. Gallacher) in his argument, which resolves itself in the fact that he dislikes all landlords. This Bill deals with the power of certain Ministers to acquire under the Defence Act any land on which Government war work has been done or which has been damaged by Government war work. It does not seem to me clear why the Minister of Works should be given powers under the Defence Act, which are emergency powers, because he already has power of compulsory acquisition, as, indeed, have the Minister of War Transport and the Postmaster-General. These should be sufficient for the post-war period when there will no longer be any question of a state of national emergency. The Ministry of Works is not a war Ministry. It is a general purposes Ministry, and this Clause gives it powers in peace-time which it would not otherwise have. Why should these powers be given to Ministers who already have powers of compulsory acquisition, which are emergency powers under the Defence Act?

I hope that the Parliamentary Secretary to the Ministry of Works will tell us for what purpose he requires these powers.

The hon. Member for West Fife (Mr. Gallacher) wants the nationalisation of land, and I understand that point of view, but this is not a Bill for that purpose. We are dealing with a specific point with regard to improvements that have been on land in war time for war purposes only. This Clause says that the Minister of Works will require to have power to acquire compulsorily certain of those works for, I understand, quasi defence purposes.

I must correct my hon. Friend on that. We have discussed all this. Clause 5 ( a ) enables land to be acquired merely to recoup the Government, but there is nothing about quasi defence purposes.

We are put in difficulties in discussing the Amendment because, at the Government's request, we postponed Clause 4, and I have tried to avoid going into arguments on Clause 5. There is a point which the Attorney-General did not attempt to answer. We know that the Ministry of Works are trying to get office accommodation all over the country for existing and new Departments, and I suggest that that will have a bad effect on the de-requisitioning of property that should be used for the housing of the people and that is now being used for offices. It is true that small dwelling houses are excluded by the Bill, but I mentioned in my earlier speech the thousands of small dwelling houses that have been de-requisitioned and the 21,000,000 square feet of space which have been requisitioned in London. I notice in the appendix to the second Report of the Committee on National Expenditure that the Ministry of Works want another 5,000,000 square feet directly the war is over. We want to know from the Parliamentary Secretary to the Ministry whether he intends to get that additional office space by means of this Bill compulsorily. In my submission, that is a wrong way to do it. In peace time, Government Departments have their usual powers of acquiring land by agreement under a practice that has been built up by many Acquisition of Land Acts through the centuries. This Bill is giving them a quick method of taking land. Are they going to use that power to get offices so that people will be deprived of property that might be used for housing the people on demobilisation? I should also like to know whether they intend to acquire land which has been used for open cast coal workings.

5.45 p.m.

I presume it is very important that the Minister of Works should be given the chance of acquiring property, because such work as I have seen carried out might reach such a dangerous state that it would be a very good thing if the property were acquired. If that is not the reason, I hope the Par- liamentary Secretary to the Ministry of Works will tell us why he desires to acquire it because if he has requisitioned it for other Departments, it is difficult to understand why he wants to acquire it.

The Ministry of Works are interested substantially in this Bill with a view to being able to acquire property on which they were asked to build for many other Departments. I will run through two or three items in order to indicate what the Ministry of Works have had to do during the war. We ask to be given the authority to be able to acquire the land, if necessary, in cases such as the following. We have erected, on land requisitioned by ourselves, buildings to the value of between £40,000,000 and £50,000,000. These include buildings for cold storage. We have erected a large amount of buildings for this purpose, costing well over £6,000,000, and we think it will be necessary for us to have control of them for quite a time. Then there are grain stores and silos. We could not expect a farmer to erect a silo for himself. It is far too expensive. Sometimes it costs between £80,000 and £90,000; I am speaking from memory, but I am certain I am right.

Then we have built food stores, which are also important, at a total cost of over £1,500,000 in different parts of the country. Whale oil stores have also been an important service, particularly in connection with the making of margarine. Whale oil stores have been built to the extent of well over £600,000. We have had to build hostels for the Ministry of Fuel and Power, representing over £3,000,000 worth of work. We have also had to erect hostels for bombed out people in large cities. We have had to build hostels for many purposes during the war. It may be that they have not been used to the fullest possible extent, but they have been there. Then there were the Ministry of Health emergency hospitals. We have completed about £7,750,000 worth of works on them. The Ministry have also had to erect similar hospitals for the Department of Health in Scotland at a cost of over £2,250,000. Inland sorting depots were built for the Ministry of War Transport at a cost of about £1,800,000. We are modest in the Ministry of Works in putting forward our claims as to what wonderful work we are doing.

Hon. Members will see that we are particularly interested in this Bill. One of our functions is to provide accommodation and floor space to meet a large variety of requirements. Every department is asking us for additional space. We are limiting their demands as much as we possibly can. We are not lavish. We restrict rather than encourage. I can assure hon. Members that between now and the time when the demands are met on a minimum scale, many millions of feet for storage will have to be obtained. Therefore, I ask the Committee to recognise that we have a very substantial interest in this Bill and that we should have the power to acquire land.

I wish to ask a question, Major Milner. In view of the fact that hon. Members have been so insistent, would you ask these blokes—

That is not a proper expression for the hon. Member to use in reference to hon. Members of this House.

I asked in an earlier speech that the Parliamentary Secretary to the Ministry of Works should say whether he wished to acquire any of the land used for open-cast work. It would be a great help if he gave us an assurance that he does not wish to do so.

That really does not arise on this Clause. If my hon. Friend will read Clauses 5 and 6 of the Bill he will see it would not be possible for the Minister to make a case for acquiring a derelict open-cast coal working site, except for the purpose of rehabilitating it under Clause 6 of the Bill. The acquisition clearly would not fall under any of the three purposes specified in Clause 5.

Would it not arise in this way? Supposing some land had been spoilt entirely by open-cast coal workings, would it not be much cheaper to leave that land in that condition rather than rehabilitate it, in the case of the Minister of Works vis-à-vis the owner of that land?

I am sorry but we cannot go into such details on this Amendment. The hon. and gallant Member has, I think, a new Clause or an Amendment down on the point later on.

The Parliamentary Secretary to the Ministry of Works has been very forthcoming, and I hope that the Parliamentary Secretary to the Ministry of War Transport will also be forthcoming. Would he make a statement with regard to railway sidings, in addition to roads and highways?

I am afraid I do not possess the same array of statistics and figures as my hon. Friend, so that I can only say, in general terms, that we have spent a lot of money, measured in tens of millions of pounds, on railway works sidings, new through lines, doubling the lines, and work in connection with such things as the Cheltenham to Gloucester widening, with which my hon. Friend is probably familiar. We have assisted in tramway extensions in different parts of the country which it might be desirable to retain for the benefit of local transport undertakings. We have spent a good deal of money on docks at different times, putting up transit sheds and warehouses and so on, and extending docks in different ways. I can, of course, obtain figures and I will certainly do so if desired.

The Ministry of War Transport of course have taken over railways. In the financial settlement with the railways after the war, will the value of these works be taken into consideration?

I would like to ask the Parliamentary Secretary to the Ministry of Works what he intends to do with the works and buildings of which he has given such an extensive catalogue.

Amendment negatived.

I beg to move, in page 2, line 48, leave out "and the Minister of Works."

Amendment negatived.

I beg to move, in page 2, line 48, at end, add:

The first and most important reason is that this land has already been carefully planned by the municipal authorities and there is nothing in the provisions of this Bill to safeguard the planning. That is a very important point which I commend to hon. Members who sit on this side of the Committee and who are as keen as the rest of us on good town planning. The second point is that much of this land has already been acquired by the provisions of powers granted to local authorities by this House, and it seems grossly unfair and, indeed, a negation of all that we stand for, if that land which has been acquired by compulsory purchase orders agreed to by the interested Ministers should now be handed over or even taken away from them. We hope and believe that no Government Departments will buy out the municipalities on the grounds that certain war works have been erected on the land, but we do feel strongly that in a Measure of this kind there should be no doubt on that subject, and we see no reason why the Government should not accept some Clause or some Amendment showing that land acquired for the erection of buildings for war purposes from local authorities should not be dealt with in this Clause. I know it is only a remote possibility, but it does not seem right that the possibility should be allowed to remain.

6.0 p.m.

It might simplify the position if I mentioned one or two examples taken from my own constituency, which is a progressive municipality and greatly interested in the operation of the Bill. First as regards municipally owned aerodromes. The ratepayers in my constituency own a very important civil aerodrome, obtained under very great difficulty and at great expense in difficult times long before the war, and there is a definite local opinion that that city's aerodrome will, unless something is done, pass out of the control of the municipality after the war. I believe there is a similar feeling in other municipalities who have erected and operated aerodromes which might not only form part of a network of great airlines but might usefully act as feeders such as are visualised as vital for the progress of many of our larger towns. The second example I would take is that of municipal buildings and offices which have been requisitioned by Government Departments during the war. The hon. Member for Chesterfield (Mr. Benson) said a little time ago that he doubted whether municipal offices had been requisitioned by Government Departments; I can assure him that a very important Government Department requisitioned the municipal electrical building in my constituency and turned it into a vast factory. There appears to be no reason under the Bill why that building should not be seized by that Government Department after the war on the grounds of war works therein and even be sold to private enterprise. I have heard that one or two private companies would be very glad to have such a factory provided for them. My municipality have paid £200,000 on that building, and they naturally require an assurance that they will have it back later for their own electrical undertaking.

We also have a very large new mental institution, and that was requisitioned and war works erected in the grounds. The municipality have very serious misgivings as to whether the land, which was acquired in order to provide opportunities for extension, will be returned. They fear that there will not be an opportunity to get it back and that the possibility of extension of most important work will be denied them. The Bristol Corporation also owns some important docks which have afforded tremendous facilities for the war effort, with considerable room for extension, but a number of different Ministries have erected buildings in the dock area. There is considerable fear that those buildings may be retained, or sold for other purposes, and there is no doubt that such a proceeding would definitely prevent the extension of municipal enterprise. The last example I would take is that of the very extensive workshops which have been built at a particular beauty spot on Clifton Downs. There again, nothing appears in the Bill to safeguard the beauty spot being retained with the buildings thereon.

I, therefore, submit that the Amendment is an important safeguard for the municipalities of the country. Proof as to what is in the public interest will be a heavy onus to many of those municipalities to handle and much loss of time and inconvenience will be caused to them, as well as lack of confidence. Municipalities which, in the past, have shown progressive vision and pioneering enterprise fear that opportunities will be denied to them in future. I submit that there is an unanswerable case that land requisitioned from public and local authorities on which war works have been erected should be excluded from the Bill.

I support the Amendment, which has been moved so clearly by the hon. Lady. I hope that it will be made to read "local authorities" and not merely "municipalities." Most of the works referred to are on land which was purchased after the approval of Parliament had first been obtained and it seems wrong that local authorities should be deprived of that land by the decision of a body that is not Parliament but a Commission. However good the Commission may be, it should not have the right to override the decision of Parliament, which gave the local authority power to purchase the land.

Perhaps I might give the Committee two illustrations from the neighbourhood of my constituency in the North Riding of Yorkshire, to show with what anxiety local authorities are considering the repercussions of the Bill. In the county town of the North Riding before the war, there was ground which had not been built on. It belonged to the county local authority, which had gone to great trouble to purchase the land for future county developments. When the war came the great Ministry of Works requisitioned the land and erected upon it a large emergency hospital. The county emergency hospital for county purposes was not up to a satisfactory standard to enable the Ministry to take it over. The North Riding county authority are very concerned about the operation of the Bill. There is an idea that the Government will want to regain the money they spent on that hospital. It seems likely, in the opinion of my local authority, that that land will be acquired, and that efforts will be made to dispose of that local hospital. I submit that it would not be in the interests of Britain that that land should be left clear so that an enterprising builder or an industrial undertaking should come into the centre of that county town, and to an area which was used for county administration, and be able to take the only free spot. It is very unfortunate if, by the operation of the Bill, that site in the centre of the county town is to be lost to the local authority.

The other illustration is even more typical. It concerns a senior school at Whitby. Provision was made in 1939 by the local education authority for purchasing a site for a new senior school. The site was in the shape of a frying pan. The round part of the pan was to be the school, and access was to be along the handle of the frying pan. When the war came the Ministry of Works, with great enterprise, requisitioned the handle of the frying pan, and put upon it a hostel for agricultural workers. The position now is that we have tried to go forward and build that senior school upon this admirable spot, but unless all the children are brought to the school by aeroplane, they will not be able to reach it, because the Ministry of Works have stuck a hostel on the only available avenue of access. The Chancellor of the Exchequer smiles, but I can assure him that my county authority have not been smiling for six years. They have tried with successive Government Departments to secure some redress, and they have failed. The Minister of Works has stated during the last month that he is keeping the hostel for agricultural workers, so we shall be deprived of any opportunity of access to the school.

A case can certainly be made out that the land of a local authority should have special treatment under the Bill. I suggest that, if we cannot have the Amendment, the Chancellor should say that when the Government have requisitioned land from a local authority they will, before they offer it to anyone else, offer it to the local authority. That would be going some way in the right direction. After all, the land was acquired either under a Private Bill or by Statute by the local authority, and I do not think it should be alienated from the ratepayers, unless the county or urban authority no longer wish to have ownership of the land.

I had better express the Government's view on this Amendment, which was moved so ingenuously and persuasively by the Noble Lady the Member for Central Bristol (Lady Apsley), and illustrated by her and by the hon. Member for Thirsk and Malton (Mr. Turton) with a series of concrete cases. I think my hon. Friends assumed that the Ministry concerned would act without any consideration whatever for local necessities and that the Commission, which is specifically directed to pay special attention to the local interests concerned and to matters of amenity and planning, would also completely disregard them. The effect of the Amendment would be to take the land of statutory undertakers and of local authorities outside the scope of the Bill, with the result that all the works which had been erected at Government expense on that land would automatically become the property of the statutory undertakers or of the local authority, without any consideration whatever being paid for it. The Parliamentary Secretary to the Ministry of Works has told us of the vast amount of expenditure incurred by his Depart-men in this direction, while the Parliamentary Secretary to the Ministry of War Transport has also told us of the great deal of work which has been done on land owned by statutory undertakers: he spoke of the doubling of railway lines and matters of that kind. Surely, nobody would suggest that all that works carried out at the expense of the taxpayers should pass automatically to statutory undertakers.

6.15 p.m.

There is no doubt of the very large amount of emergency work undertaken during the war by the Government, and that much more Government money—taxpayers' money—was spent on the land of statutory undertakers than on the land of local authorities. But there are also cases in which Government expenditure has been undertaken on land owned by a local authority. There is one case in particular where the Ministry of Works have erected large numbers of houses upon a site owned by a local authority. Does anyone suggest that those houses should automatically become the property of the local authority without any payment being made for them? It seems to me perfectly clear that we must include all such land within the scope of the Bill. We have, however, provided that the Commission shall pay special attention to matters of amenity, and also to local interests. I should have thought that that was a direction to them to take account of the sort of consideration mentioned in the speeches of my Noble Friend and of the hon. Member for Thirsk and Malton who supported her.

I thought I detected a little misunderstanding in part of the Noble Lady's speech. She spoke of mental institutions which had been requisitioned. But let me explain that mere requisitioning gives the Government no title whatever to acquire under the Bill. What does give a prima facie case for acquisition is the carrying out of Government war work on the land. There is no need whatever for everybody whose property has been the subject of requisitioning to fear that it will be brought within the scope of the Bill, and that simply by the fact of requisition their land or their house may subsequently be acquired. That is not the case at all. There are only two cases in which acquisition can take place—where Government war work has been carried out on the land, or where land has been damaged by Government war use. As regards the latter, practically all the cases of acquisition in the case of damaged land will come under Clause 6, and the powers of acquisition will only be used with a view to restoration.

I hope that with this explanation my Noble Friend will see that it would be quite impossible to take statutory undertakers' land and local authorities' land clean outside the scope of the Bill. I am quite sure that as between Government Departments on the one hand and local authorities on the other, agreements satisfactory to both parties will in fact always be reached. I doubt if there will ever be a case of a dispute between a Government Department and a local authority going to the Commission, but I am quite sure that if there was such a dispute the Commission could be trusted to give a fair hearing and fair play to the local authority.

May I ask the Financial Secretary, in regard to requisitioning, where there has been considerable expenditure of public money to make the requisitioned building suitable, whether what he has just said would apply in that case?

Where considerable expenditure has been undertaken it comes within the category of Government war work done on the land, and it is in order to recoup the Government for some of the expenditure undertaken in that way that we have to bring land of that character within the scope of the Bill.

This matter is looked upon by the town council of the constituency I represent as one of great importance, and I should be acting improperly if I did not put their views before the Committee. No one who has not lived in a North-East coast industrial town can possibly understand the tremendous problem of space which the local authority is up against all the time. It is limited, on the one side, by the sea, and most of the towns are long and narrow, and it really is a frightful business for the local authority ever to find enough land to fulfil its commitments in housing, schools and providing open spaces of any kind. The town council of my constituency are really alarmed at the possibility that they may lose some of the most valuable sites, which they have with great difficulty managed to purchase from time to time for housing, schools, open spaces and the like. They feel that their position as a public body is a different one from that of a private individual. They have not acquired the land for profit, but in the performance of their public duties and in the interests of the public, and they feel that they ought not to be placed in the same position as the ordinary individual, of having to fight their case before the Commission.

I quite appreciate that it may not be possible, in so many words, to take all this land right outside the scope of the Bill. I am quite sure it would be ridiculous to say, if it were found that 10 yards of town council land had been used as part of a site for a building costing £1,000,000, that the building should be pulled down. But in cramped industrial working-class towns land is so infinitely valuable for public purposes that tens of thousands of pounds ought to be sacrificed in order to give back to the people there their small open spaces, which is all they have in the more densely populated districts. While I would not wish to be awkward or troublesome about this matter, after what I have heard from the Financial Secretary, I ask the Government to reconsider the matter, and to look into it from the particular point of view which I have tried to express to the Committee.

Amendment negatived.

I beg to move, in page 2, line 48, at end, add: taken over as a rehabilitation hospital. The authorities who run Hamilton Park, which has, I am told, the finest 2s. ring in Great Britain, are worried as to whether that hospital is to be used permanently and they are to be deprived of their course. I leave Scottish Members to sing the praises of Hamilton Park because, quite honestly, I have not been there myself.

The second illustration I do know. I believe it to be the finest racecourse in the whole of the North of England, that is, Thirsk.

I have heard so much of Blaydon races in this war that I do not want the hon. Member for Central Newcastle (Mr. Denville) to talk about them to-day. Thirsk is undoubtedly the popular racecourse in the North of England for people who do not want to spend a lot of money. It has always been—

I am sorry to interrupt the hon. Member, but we cannot have a competition as to the relative value of racecourses. This is merely a matter of Government buildings on racecourses.

I will leave the merits. That racecourse is at the present time a depot for a unit of the Army, and on it numerous buildings have been erected. It would be a tragedy if this Bill delayed the de-requisitioning of either racecourse or imperilled its future. I feel sure my right hon. Friend will say that it is perfectly all right, that the Commission will protect the interests of these two racecourses, but in that case let us remember, what we are saying. We are saying that these two companies, in neither case wealthy companies—I think Thirsk has never declared a dividend of more than 2½ per cent.—will have to go to the expense of presenting and fighting a case before the Commission. They will have to argue how much of this Government expenditure which really has not gone to improve the amenities of the racecourse, will have to be diverted out of their pockets.

I ask the Chancellor and the Financial Secretary to say it is much easier to have a clean sweep in this case. These racecourses cannot have benefited by Government expenditure, so let us cut them right out and allow them to be de-requisitioned earlier, because I understand that if they come within the scope of this Bill, it will mean that the Government Departments concerned may stay on the racecourses for two years after the end of hostilities. I should like to be corrected about this if I am wrong. We are most anxious to get these racecourses de-requisitioned earlier, and this provision about the first two years after the end of hostilities has caused a great deal of consternation to those who want, when times are better, to spend their recreation and leisure on the racecourses. I hope that the Government will be rather more kindly disposed towards me than they were earlier to-day.

I wish to support the Amendment from a somewhat different point of view. I wish to suggest that any interference with racing and any closing of racecourses will have its reflection on the export trade. The Committee probably know that the export of bloodstock is really valuable. In 10 months in 1938 £603,000 was paid for exported livestock. Racing is not only a sport, it is definitely an industry in this country, and the breeding of bloodstock would be seriously interfered with by the closing of racecourses. At a time when we are anxious to restore our export trade as much as possible, a matter of £650,000 a year is not to be neglected. Therefore, I hope that on this occasion racecourses will be treated as though they were, as they are, definitely of commercial value, as well as recreational, and that this concession will be given.

The Financial Secretary is bound to oppose this Amendment, but I think the Committee ought to know that one of the racecourses in question is close to the Financial Secretary's home, and within the standards of public life he will say he cannot do anything. It would be a kindness to the Financial Secretary if the Committee would insist on this amenity aspect, so that he can have all those recreational facilities which it is well known that horse racing gives.

6.30 p.m.

I wonder if the Chancellor has considered that what he gains on the horses he loses on the roundabouts. In other words, if the racecourses are taken, what is to happen to the Entertainment Duty, which brings him in such a lot?

I hardly think that my hon. Friend would expect a favourable reception for this Amendment, in view of the fact that we have already had to reject proposals that the land of local authorities or statutory undertakers should be excluded from the Bill. It would be unreasonable, after that, to provide that racecourses only should be placed in a special category, and in no circumstances affected by the Bill. During the war horse racing has been restricted, under Defence Regulations, to a very few courses. It has been a great convenience, both to the Government and to the owners of the courses upon which racing has been forbidden, that those courses should come under requisition. They have been very useful for housing prisoners and for a variety of other purposes, and the owners of the racecourses have received some income from an asset from which otherwise they could have derived nothing during the war. In general, the desire would be to release these premises. They are, clearly, not suitable for ordinary peace-time user by the Service Departments. They will be de-requisitioned in an orderly manner. Horse racing cannot immediately be resumed on a pre-war scale, and, although I have sympathy with the purposes of the Amendment, I am sure that my hon. Friend will see that it will be impossible for us to accept it.

In view of the undertaking that the racecourses will be de-requisitioned in an orderly manner, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Motion made, and Question proposed, "That the Clause stand part of the Bill."

May I raise briefly a matter which has been before the House on the Second Reading of this Bill, and on one or two other occasions? I am glad to see in their places several of my hon. Friends, who are concerned with me in this question of the retention, by the Government, of the great agricultural areas of the country for training troops. I do not want to weary the Committee by going over the ground which I covered last time, when I referred in some detail to the situation in the Wareham and Purbeck district council area. Since then, the proposals of the Admiralty for the acquisition of Bodmin Moor—

I must make it quite clear that we cannot bring in any proposals for the acquisition of more land. We can deal with those places where the Government have got land, but this Bill does not deal with the acquisition of fresh land.

I appreciate that. I was proposing to refer to this case only as an illustration. I am glad to see that that proposal has been abandoned. That leads me to think that some policy is being shaped by the Admiralty and the War Office for the future of these areas. It is time that the Government came to some decision as to how far this country can be expected to serve as a military training ground in the conditions of modern war. If the Chancellor of the Exchequer could tell us that consideration was being given—I do not ask for more than that—to using large uninhabited tracts of country in the Dominions, and on the Continent, it would be of some assistance. I submit that this country is entirely unsuited for experiments in the use of new weapons. Now that the war is moving away from these shores advanced operational technique should be practised elsewhere than in this country, and home bases, such as these areas which are to be taken over under this Clause, should be used for the simpler and more elementary forms of training.

On a point of Order. I think that my hon. Friend is referring to the acquisition of land for defence purposes. That does not come within the scope of the Bill. The land would be acquired under the ordinary Defence Act code.

The only land that we can deal with here is that which has already been damaged. We cannot go into future Government policy, or the question of the Dominions, or anything of that kind.

I appreciate that. The area in question has been very badly damaged, as I pointed out on the Second Reading. I do not wish to be obstructive; but, in passing this Clause, we are giving a number of hostages to fortune, and it is time the War Cabinet took the House of Commons into its confidence about the future of these areas. It is a matter which affects hundreds of people and their livelihood.

Question put, and agreed to.

Clause ordered to stand part of the ill.

CLAUSE 14.—(Stopping up or diversion of highways.)

I beg to move, in page 11, line 42, after "that," insert "in the public interest."

We have spent a long time discussing whether racecourses are in the public interest or not. I believe that everybody will agree that highways are in the public interest. We are giving power to the Ministry of War Transport for the closing, stopping, or continued stoppage of highways. There is no indication in the Bill as to what will motivate the Minister in making these Orders. It is true that line 42 says, "if he is satisfied," but there is nothing in the Bill to control him in any way. I do not want to refer to the Minister personally, because this Bill perhaps will be operated by various Ministers; but I think there should be something in the Bill to show on what lines he should act, and I suggest that the words "in the public interest" are the right ones. It will be seen from the Clause that the Minister's power will include provision to secure the interests of the Crown or of some other person. I do not think that any private persons should have preference without the public interest being the motive for which the Orders are to be made. A short time ago the Chancellor gave us a very spirited speech on the importance of the public interest, and I do not think I should attempt to compete with him in his laudation of acting in the public interest.

I am very glad to say that we are ready to accept my hon. Friend's Amendment. We are inspired only by a desire to promote the public interest, and we want to do nothing that is contrary to the public interest.

Amendment agreed to.

I beg to move, in page 11, line 42, leave out "or expedient."

It appears to many local authorities and others interested in the matter that the words "or expedient" are a little wide. My hon. Friend the Parliamentary Secretary has just accepted an Amendment, as a result of which the Clause will read:

I fully realise what my hon. Friend feels on the subject, but I should like him to give the matter a little reconsideration. If he will turn his mind to the Emergency Powers Defence Act, and the Defence Regulations and Orders, he will realise that the phrase-he has been worrying out is one that we have had to consider in many different situations in the past few years. I suggest that it would unduly narrow the Minister's discretion if we cut out these words. It is sometimes difficult to say that a thing is strictly necessary, although we are quite certain that it is reasonable and desirable. I am sure that my hon. Friend will agree that when we lay down prerequisites for Ministers to take into account in forming their intention it is very important that they should be reasonable, and that there should be no temptation for any Minister at any time to strain at the meaning of words. I would like my hon. Friend to consider the sort of case that I have in mind, where his wording might frustrate the purposes we have been considering in Part II of the Act. It might make it impossible to realise the full value of a site unless you were able to say that you could permanently close a road, which went across it or gave access to it or dealt with it in some way. That is the sort of situation in which I should prefer the Minister to say, "I cannot say that it is absolutely necessary; but on expediency, on reasonableness, on desirability, I have no doubt that we ought to get the value by closing that highway, and, therefore, keeping the rest of the site sound, in the knowledge that it cannot be interfered with in that way."

I think my short example is the clearest way of illustrating the matter, and I have tried to indicate the view behind it, and I hope that, with the assurance that we are most careful, when we get directions, to keep within them, my hon. Friend will not press his Amendment.

6.45 p.m.

The Solicitor-General, as usual, is very reasonable and desires to help the Committee. But the word "expedient" is not a very pleasant word and rather suggests something that is not really very good. I prefer the words "necessary in the public interest."

The first Amendment has enabled us to get the words "if, in the public interest, it is necessary." We have got those words.

I ask the Solicitor-General if he will devise some better word than "expedient," even if he has to use a good many words to interpret his meaning.

The Solicitor-General cannot get away with the fact that he is interpreting the word "expedient" simply in order to weaken the effect against the words "necessary in the public interest." This has purely a weakening effect, and with that wording, we have taken away every single safeguard there is. I hope my hon. and learned Friend will listen to the right hon. Baronet and put in something which is not quite so wide.

I cannot get frightfully excited about this, because I do not think it matters very much in the end which of these words we put in, but I was a little disquieted by the Solicitor-General's explanation. I disagree with the right hon. Baronet about the word "expedient," which I think is an admirable word when you mean it. It would be a very good thing if all political parties proved that what they recommended was expedient instead of merely assuming that it is the call of God or the goal of progress. It was the Solicitor-General's reference to the Emergency Powers Act and what he said we had had to do during the last few years which rather disquieted me. Under the Emergency Powers Act, during the last few years, highways have been shut, of course, but the public interest in the matter was quite clear. The overwhelming consideration was the defence of the realm, and there was no other consideration, or rather, all other considerations added together could not total up as against that one.

That seems to me the reason why, as the hon. and learned Gentleman says, "expedient" is a proper word under the Emergency Powers Act. But here what we are trying to do is to legislate permanently and for the post-war period, when the public interest is not going to be in some one factor which quite clearly outweighs all other factors. Already the Minister has power to shut if he is satisfied that it is clearly necessary in the public interest. That does not mean, with respect to my hon. and learned Friend, that he has to be satisfied that it is necessary to the whole of the public interest, in the sense in which oxygen is necessary to life. If you do not get any oxygen, you do not have any life, but here all the hon. and learned Gentleman has to be satisfied about is that it is necessary to some part of the public interest and not to the whole of the public interest, and I cannot myself conceive, in the instances which he gave, how the thing could be expedient in the sense which Parliament would wish to approve without being necessary to the public interest, that is to say, without being expedient in a way which overrode any competing expediences there might be. Unless there is a gain of expediency on balance, I cannot see how the thing can be necessary in the public interest, and if there is a gain then it really is in the public interest, and I say that the words as they stand leave the thing over wide.

May I ask my hon. and learned Friend to look at the matter again, because I do not think it is fully realised what the words mean in the place in which they occur? If the Amendment is accepted, the Clause will read:

"if he is satisfied in the public interest that it is necessary or expedient."

The words "in the public interest" must cover the whole Clause. You cannot really have a thing in the public interest unless it is expedient, because it is the same thing. It is necessary in the public interest. My hon. and learned Friend has accepted the phrase "if it is necessary in the public interest," and, if he now takes out the words "or expedient," I think he has got all the power he wants, and, at the same time, he will give that little element of reassurance to local authorities who, perhaps, have not got the great powers that he has. I really do not think they are necessary. If my hon. and learned Friend could use some other word—and I think the right hon. Baronet is right that "expedient" has a curiously weakening effect—he will see that, now that he has accepted the words "in the public interest," the words "or expedient" are not necessary.

I want to appeal to the Solicitor-General to consider this again. I do not think there will be anything wrong in dropping the words "or expedient," because full powers rest in the phrase "in the public interest." I cannot see any powers that could be overruled by any other words. If it pleases the hon. Members to have these words struck out, I think the Government might meet the request. I have read the Clause very carefully, and I do not see where the word "expedient" can help the Government at all. There is sufficient power in the words "in the public interest" to give them all they want.

Of course I will consider the wording. That goes without saying. I think it is very important that, when one says that one will reconsider it, one should make perfectly clear the limitations, so that one is not just slipping out of position. In the sense in which the hon. Member for Cambridge University (Mr. Pickthorn) used the word "necessary," there will be no difficulty at all, because my hon. Friend says the public interest is divisible into various parts, and, if there is a gain of expediency one way or another, in his view that was necessary in the public interest, and in that sense of balancing the different advantages to the public, and if that is the general sense of the Committee, I am quite prepared to look at it again. What I do not want to do, and what I am not prepared to advise the Committee to do, is to lay down any hard-and-fast rule of necessity, but, so long as we are clear that what we want to do is to get a balance of competing factors and select the best one, taking all into account, I am willing to look at the words again. I only want to add that when the hon. Member for Cambridge University thought I referred to the Emergency Powers Defence Act and Defence Regulations, it was not because the subject matter is the same, but because this combination of words occurs so often in the various Defence Regulations that I have had to consider the different effects of "necessary" and "expedient" in a great many connotations. I can assure him that I am not trying to look at this as if it was a Defence Regulation. In that sense, I will gladly look at this again.

In view of the explanation of my hon. and learned Friend, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 12, line 1, to leave out from "section," to end of line 5, and insert:

"shall provide for requiring as a substitute for any highway, footpath or bridleway stopped up under the order the provision or improvement of another highway, footpath or bridleway as the case may be unless the Commission report that they are satisfied that such provision is unnecessary.

(3) An order under this Section may provide for all or any of the following matters,—"

This boils down, in effect, to the difference between the words "shall" and "may." There must have been hundreds of cases, particularly on aerodromes, where roads, footpaths and bridle ways have been shut under the Defence Regulations and there is a danger, I think, that, if too much is left to the discretion of Ministers, they may stop up the highway and not provide a substitute. I want to alter the Clause so that it will read that in every case there shall be a substitute provided. So far as the rest of the Clause is concerned, it is permissive. I am not sure whether this point is covered, but I also want to make it the exception, which we obviously must have, to be decided by the Commission. It should not be left to the Minister to decide whether a highway can be stopped up or not; the Commission should have the sole right to decide that. It is purely a case of the difference between "shall" and "may," and I am leaving out the one and inserting the other, by which, in my opinion, the Clause will be very much strengthened, and, in that way, many highways and footpaths may well be preserved which otherwise might not be.

I should like briefly to support what has been said by my hon. and gallant Friend the Member for North Kensington (Captain Duncan). All hon. Members must know of many footpaths that have been closed owing to the Government taking over land for aerodromes, camps and so on. These public rights must be carefully guarded, and I think it is extremely important that we should ensure that an alternative right of way is provided for the public after the emergency. I think it is an important point and I hope my hon. and learned Friend will consider it.

I only rise to support this Amendment and to say that I think we are really only asking that Ministers will have to do what the private individual has to do if a footpath is diverted near his property. It is a sine qua non that he has to provide an alternative way, and I really do not think it is too much to ask of the Ministers, with all their powers.

I would like briefly to support what my hon. and gallant Friend has said. In many parts of the country many footpaths and rights of way have been closed owing to the operational and training needs of the Army. It is very vital that this should be put back as soon as possible, and the word "shall" should be inserted so that, where it is not possible to have exactly the same road, an alternative one could be provided.

7.0 p.m.

The Committee ought to realise where we stand and what has been asked here. There is no difference between us as to what we want. I hope that the Committee will take it from me that a "highway" includes a "footpath" and a "bridle-way." If hon. Members look at Sub-section (2, a ) they will see that the Order may provide for a substitute for any highway. The Minister is empowered to provide a substitute, whether it be a highway as we understand it, or a footpath or a bridleway. I want to make that point quite clear.

The real difference between my hon. and gallant Friend the Member for North Kensington (Captain Duncan) and the Bill as it stands is, that it would remove from the Minister to the Commission the duty of considering whether an alternative highway should be provided. I do not think anyone would disagree that the primary responsibility for a highway must be that of the Minister of Transport. He must consider the problem put to him of whether a substitute is necessary or not. If there is no necessity for a substitute, he does not put it in his Order. Anyone taking a different view can object to his Order, and it can go to the Commission who can say whether they think that it is right or not. This would mean, if my hon. and gallant Friend's Amendment was accepted, that even where the Minister, having considered it with all the information he has about the needs of the district, came to the conclusion that no highway was necessary, he would have to suggest a substitute and put it to the Commission for them to consider. That seems an illogical and really unworkable way of approaching the problem.

Similarly, supposing that he does form that conclusion, and all the people who are interested consider it and say, "We agree; we do not really think that a substitute for the highway is necessary, and no objection comes in," then, on the suggestion of my hon. and gallant Friend, it would still have to go to the Commission as a proposal and the Commission would knock it out, if they thought fit. I do not think, from the point of view of procedure, that that is a helpful method of approach, but I am in full agreement with all my hon. and gallant Friends who have spoken, that we should not only try to ensure that, wherever there is need for substitute methods of approach to any highway, footpath or bridle path, then we ought to find it. There is the safeguard of the Commission. The Commission will act, and they can hear objections from all people. I am sure they will not have the least difficulty, if there is a case in which my hon. Friend the Parliamentary Secretary to the Ministry of War Transport or those who are dealing with the matter go wrong, in putting the matter right. The real answer is, that we can, on the basis of the Commission we envisage here, trust them to deal with the situation.

I understand the argument advanced by the Solicitor-General and I think he is right in suggesting that the Commission should have jurisdiction, but I wonder whether he would limit the power in Clause 17 under which the Minister may override the Commission. Would he limit those powers and be willing to accept the report of the Commission as final in all cases where they report that it is a bridle-path or a footpath in question? A suggestion has been put forward by an hon. Friend of mine that a limitation should be imposed on the Government, and I ask my hon. and learned Friend whether he would accept, if not the Amendment which has been moved, a part of the Amendment and make it so that, if the Commission reported that a bridle-path or footpath was necessary for the locality, the report of the Commission should be taken as final.

I would ask the learned Solicitor-General a question. If he agrees under this Clause to the provision of an alternative highway what body will pay for that alternative? Will it be the Ministry of Transport or will it be left to be borne to a certain extent by the county council concerned?

I support the plea which has been made by the hon. and gallant Member for Ripon (Major York) that the Government should consider the advisability of accepting at least a minor Amendment to provide for alternative footpaths or bridle-paths where they are necessary. That would be a very valuable concession. If, perhaps, in other language, the Government could suggest such an Amendment, it would give great satisfaction to those who are afraid that valuable footpaths or bridle-paths may be stopped without the provision of any alternative.

I think we are all agreed that it is essential that bridle-paths should be preserved, and I do not think that the Solicitor-General did justice to the matter. I understand from him, although under the Bill as it stands the matter would be referred to the Commission, the Ministry of Transport could still overrule the findings of the Commission. That is not what we want. We want to make sure that the Commission have the final word. It should not be open to that or any other Government Department to overrule it. I hope the Government will give further consideration to the matter.

The general desire of the Committee in this matter is to give protection to people who live in the countryside. They do not think that footpaths should be done away with, and I take it that the Government have that desire also, but they have to convince the Committee that there is no question of any loophole by which footpaths could be closed through the caprice or whim of the Ministry of Transport. Unless we get full satisfaction on this matter, I shall be prepared to vote for the Amendment, but if I feel that the Government intend to give ample protection in this matter, then I shall support the Government. I would like the Attorney-General to give his views. He is so skilful that he convinces you that you are in the wrong almost immediately he gets up to speak, but I would like him to put it to the Committee that there is no intention on the part of the Government to close any footpaths which the public desire to keep open, or to tell us that if a footpath is to be closed, it will be replaced by another one.

I have had some experience of these matters. Perhaps hon. Members do not know it, but I am very fond of wandering about the countryside, and once or twice I have come across footpaths where a notice has been put up to the effect that the footpath was to be closed. I remember on one occasion I did all I could to keep a footpath open. I wrote to all the people concerned, but was told that the only way I could do anything was to go to court. That entailed rather a big burden and I did not like to do it and so the footpath was closed. On another occasion, I took up the matter with the local council and suggested that they ought to make a protest against the closing of a footpath, but their argument was that the footpath had become almost redundant, and that very few people used it and they could not see any reason for contesting the closing of it. That was in spite of protests made by a large number of the local population. Unless we can get words put into the Clause to give this protection, this kind of thing will happen. Councils, sometimes, do not take the interest that one would like them to take in this matter, and surveyors may not be keenly interested and may say that it does not make much difference, as very few people use these footpaths. At a time like this, when we are going in for open spaces, Parliament should prevent this kind of thing from happening. Therefore, I have a lot of sympathy with the Amendment, and unless I am convinced otherwise, I shall be inclined to vote for it.

May I ask the Solicitor-General or the Parliamentary Secretary to the Ministry of War Transport to make clear what are the powers of the House of Commons after an order has been made by the Minister? I would like the Committee to be put in possession of the actual facts of what occurs when an order is made. Will it be the subject of a negative or an affirmative Resolution of the House.

I would add my voice to those of hon. Members who have pleaded with the Government that some provision should be made to deal with the situation with regard to footpaths. It is not particularly in regard to aerodromes that footpaths have been stopped up. It was my experience, on the first leave I had in this country after returning from service overseas, to try to follow footpaths by the aid of an ordnance map and compass. I found many which ended on the borders of an aerodrome. A footpath may run across an aerodrome, and we say that in such cases, an alternative footpath should be provided. Such a path might not be a convenient or even a short one, but we would not mind that. But where there is a right-of-way, which terminates at the edge of an aerodrome or other works, there ought to be some alternative. It is all the more necessary that we should raise the matter now, because a great many footpaths have been lost sight of, and people may forget about them.

I should be inclined to agree with my hon. Friend the Member for Leigh (Mr. Tinker) and, unless the Government give some assurance that footpaths are to be preserved or that alternatives will be given, I will support the movers of this Amendment in the Division Lobby.

7.15 p.m.

I am not very clear myself as to what is to be the procedure in this regard and I would like it made clear. I understand the Minister says that in the Clause as it stands the word "highway" includes both bridle-paths and by-paths. If one of these is to be closed and some organisation of persons objects to it, is it assumed that it will come before the Minister and that the Minister will determine whether it is to come before the Commission or not?

May I explain to my hon. Friend that the Minister first forms his view as to what is desirable, and as to whether there should be a substitute. He then puts that in the form of an order, and anyone who likes can object to it. They make their representations. It then goes to the Commission, the Commission form their view on it, and report back to the Minister. If it comes within Section 17 (2) ( a ) and ( b ) the Minister can make on order. If he disagrees with the Commission, he has to come to the House of Commons. That is the procedure and I want to make it quite clear.

I think I ought to say a word about the policy which my Ministry intend to pursue in the matter of reopening roads, and I want to give the fullest assurance to my hon. Friends that we are quite as anxious as they are to see roads, footpaths, bridle-paths or any other form or roads opened. Although the war is not over, the process of reopening roads has begun. Altogether something over 5,000 have been stopped up and the last figure I have, which is about a month old, showed that about 470 have already been reopened—getting on for 10 per cent. I think that is an earnest of good intention. Of course we mean to have roads reopened again if we can; of course we intend to see that an adequate or a better substitute is provided for any road which has to remain stopped up, if that is needed; of course we are fully conscious of the fact that all the traffic problems of the island will be very greatly increased after the war. The roads have to be better than they were before, not less good, and we have not the slightest desire to shirk that, but there is the case when, in fact, there are alternative roads and when it is not necessary to make a new one.

That case is admitted in the Amendment, only under the Amendment the matter would fall to be considered and decided in the first instance by the Commission—it would be mandatory on my Noble Friend always to put forward a proposal for a substitute, and then the Commission could strike it out if it so desired. Under our proposal, which we think right, it would be the responsibility of those who have to deal with highways and traffic in the first instance to make the proposal, and then for the Commission, if there were not a proposal when one was needed, to put that right. Supposing we did forget the matter of a substitute road, there would be very many people who would remember it on our behalf. We would make our draft order, the objection would go to the Commission, the Commission would hear it. I am venturing a guess but in 99 cases out of 100—in any case a very large number of cases—that would be absolutely final because while it is true that my Noble Friend can, subject to Parliament, over-ride the recommendation of the Commission in certain cases, the purposes for which he may do so are very narrowly restricted in Clause 17 (2) ( a ) and ( b ). The case would have to fall under that before we could override the Commission and then Parliament, by negative resolution, would have the final word. I think the Committee may take it that, in fact, it will almost always in practice lie with the Commission to have the final word if we have not done our duty in this matter.

I recognise that the procedure put forward by my Amendment would be cumbrous, and in many cases unnecessary, and that the procedure as drawn is the best way of doing it. The Minister makes a proposal which is drafted; it is then up to anybody who has any objection to this footpath or highway being closed to object and, if there is an objection, the objection to the whole scheme has to go to the Commission. I think that is fair, but it is up to the local people concerned to take an interest in their highways, in their footpaths, in their bridle-ways and watch what the proposals actually are. Provided the local people will take the interest to which the hon. Gentleman the Member for Leigh (Mr. Tinker) referred, I think the proposals of the Government are all right. Clause 17 gives the Government power to override the decision of the Commission, and with the assurance of the Parliamentary Secretary to the Ministry of War Transport that in 99 cases out of 100 it would not be the Government's intention to override the decision of the Commission, I think on the whole this is reasonable and, under those circumstances, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 12, line 5, at end, insert:

"and the provision of means of access to any such other highway from any land to which the highway stopped or diverted afforded access."

The point of this is very clear. Under this Section an Order may be made requiring a substitute for any highway stopped up. That is perfectly satisfactory so far as it goes. In many places the highway has been stopped up and, so far as the civilian is concerned, it is all right, but the agricultural community is very deeply concerned in this matter because it is important that any substitute highway should have the same access to lands and farms as was given by the highway which existed previously. I hope the Minister may see his way to accept this Amendment.

I hope my hon. Friend will not press his Amendment, not at all because we are against the provision of access where access is required, but because we think that powers already exist under Sub-section (3) of Clause 14 on page 13 of the Bill and we think it would be undesirable to insert a special reference to access when, if you particularise about one thing, there may be many others which you ought to include. We have, as I say, the clearest possible power to provide the necessary means of access. I am quite sure that my Noble Friend, in the exercise of his duties, will not forget it, but if he does there will be many objectors who will remind him of his duty, the matter will go to the Commission and, as I argued before, in the vast majority of cases the word of the Commission will be final.

We ask here for a simple safeguard that agricultural land will have direct access, but the Parliamentary Secretary says there is an omnibus provision in Sub-section (3) and that no doubt he will use it. If that is the argument, what is the justification for dealing with this in Sub-section ( b )? I do hope that the Parliamentary Secretary will consider this matter, because it is more than of passing interest, and on the insertion of these words will depend the proper use of agricultural land in the future. Agricultural land has suffered from the erection of aerodromes, necessarily erected all over the country during the war, and it will be greatly affected by this Section. I do beg the Parliamentary Secretary to think the matter over again. Perhaps when the position is a bit quieter, and there is not so much excitement, he may devise some way of satisfying our reasonable demands in the interests of agriculture.

I have been paying great attention to the discussion on this Bill and at this point it might be worth while recording our appreciation of the fact that the highway robbers on the other side are so deeply concerned about highways.

I must say I am very disappointed with the Parliamentary Secretary's reply. Anybody who cares to look at Sub-section (3) will see that it is so wide and vague about "incidental" and "supplemental" provisions that it does not deal with this point, which is of very real value. It actually affects the value of land and, particularly, of a dairy farm in a very direct manner and I would plead with the Parliamentary Secretary, if he does not agree with my words, to undertake to reconsider this matter and see whether we cannot agree on some form of words which would give a little stronger assurance to the agricultural and farming community than a mere reference to Sub-section (3).

I do hope that the Parliamentary Secretary will agree to this proposal. It is genuine and this is an inauspicious moment at which to appear ungracious.

I beg to move, "That the Chairman do leave the Chair."

I do so because I have a brief statement which I think I ought to make to the House.

Question put, and agreed to.

German Forces, Italy and Austria (Unconditional Surrender)

Motion made, and Question proposed, "That this House do now adjourn."—[ Mr. James Stuart. ]

7.29 p.m.

I promised that I would come to the House if anything of major importance occurred and would ask the leave and the indulgence of the House to make, a short statement.

There has been a considerable amount of matter issuing continuously from the tape machine, but I thought that perhaps the House would like to hear a very short account which I have received from Field Marshal Alexander. Field Marshal Sir Harold Alexander, the Supreme Allied Commander in the Mediterranean theatre of operations, has just announced that the land, sea and air forces, commanded by Colonel-General Heinrich von Vietinghof-Scheel, German Commander-in-Chief, South-West Command, and Commander-in-Chief of the Army Group "C," have surrendered unconditionally. This instrument of surrender was signed on Sunday afternoon, 29th April, at the Allied Forces Headquarters at Caserta, by two German plenipotentiaries, and by Lieut.-General W. D. Morgan, Chief of Staff at Allied Forces Headquarters. The terms of surrender provided for the cessation of hostilities at 12 o'clock noon Greenwich mean time on Wednesday, 2nd May, that is to say, 2 o'clock to-day by our time, but as all these matters are accompanied by many elements of uncertainty, it was not until effective confirmation was obtained by the actual orders issued to the troops from the German High Command that Field Marshal Alexander issued the statement which has now come over the wireless.

The territory under General von Vietinghof-Scheel, South-West Command, includes Northern Italy to the Isonzo River, in the North-East, and the Austrian Provinces of Salzburg, Vorarl- berg, and the Tyrol and portions of Carinthia and Styria. It is, therefore, geographically, a surrender which puts us into very close touch with the position of the United States' Armies of the North. The total forces of the enemy—the fighting troops of the enemy, including the remnants of 22 German divisions and six Italian Fascist divisions, with the combat and echelon troops upon the lines of communication and throughout this territory, which they have held for so long—who have surrendered to the Allies are estimated to amount to nearly 1,000,000 men. Not only has a vast area of territory, vital in its character, fallen into the hands, of the Supreme Commander, Sir Harold Alexander, but the actual surrender which has taken place so far, comprising the numbers it does, constitutes, I believe, a record for the whole of this war, and cannot fail to be helpful to the further events, to which we are all looking forward.

This Army in Italy, American and British composed, commanded by our trusted General, and having under him General Mark Clark, a most efficient and daring American soldier, have had a marvellous record since they first landed in the Peninsula. The landing at Salerno, the tremendous fighting at Anzio, when we tried a turning movement, the capture of Rome, and the driving of the enemy Northward placed an enormous effort on the troops, and have been attended by very heavy losses through the stern fighting. What has made it particularly difficult and depressing for this Army is the tremendous inroads which have been made upon it in order to help forward other great operations. In June and July of last year, what nearly amounted to an Army was taken from this Command in Italy, while only a very small corresponding reduction took place on the enemy's side. Recently—a few months ago—feeling that it would probably be beyond the strength of this Army, so weakened, to make a decisive attack, we moved another large addition to the divisions on the Western Front, and some others went to Greece. Thus this Army was an Army stripped of its strength, and facing an enemy force which, for all the purposes of war, must have been considered far stronger, because it had the duty of defending mountain ranges and, afterwards, plains flooded by autumn and winter rains, and which certainly, in the number of divisions, exceeded those which were left to attack. Those Forces left to attack, as I pointed out in my message of congratulation to Sir Harold Alexander, were of so many different nations, that only a personality of commanding qualities could have held them all, and woven them together.

If we look over the whole list of those men who have fought, we find, taking first our own contribution, which was the largest, the British, and a British Indian division of the highest quality. In addition to the British divisions, we had the Poles, who have always fought with the greatest loyalty, the New Zealanders, who have marched all the way from the beginning right up to the very spearpoint of the advance, the South African armoured division, which was very forward in the fray, the great Forces of the United States, second in numbers only to our own. Then there have been the Brazilian Forces, which have made their steady advances, a Negro division of United States troops, which has also distinguished itself, the Jewish Brigade, which we formed a year or so ago, and which has fought in the front line with courage, and the Japanese of American birth, who entered Turin and—

No, not as a unit. Finally, there were the Free Italians who have played their part in clearing their country from the German Fascist yoke. All these Forces, weakened as they have been, were not discouraged. Divided, as they were, by racial differences they were united and resolved upon their purpose, and now their reward has come. I am very glad that it has come at a time when it can be singled out. It stands out and brings to a conclusion the work of as gallant an Army as has ever marched, and brings to a pitch of fame and military reputation a Commander who, I may say, has always enjoyed the fullest confidence of the House of Commons.

7.40 p.m.

This is not the occasion for a Debate, but I would like to thank my right hon. Friend for the statement he made to the House that he would, if opportunity served, come down and report progress. The House welcomes this statement to-night, and I am sure would wish that all of us should join in the tribute which the Prime Minister has paid to Field-Marshal Alexander and to all those troops of all countries, and Navy and Air Force personnel, who have contributed to this magnificent victory. Its significance to me is this, that in a rapidly changing military situation, when we do not know what is happening to the great personalities on the other side, at least one large front has now completely dissolved. I hope this will be an indication that the end may very soon come.

While welcoming the magnificent news which rejoices all our hearts, may I ask my right hon. Friend if he can tell us whether the German general made his surrender on his own responsibility?

7.42 p.m.

Yes, Sir. These discussions, have been of a highly private nature for some time. At times they have appeared more hopeful than at others. For the last two days I have known what was going on, but one was not certain that it might not be snatched away at the last minute and therefore great secrecy was necessary. May I also say that, in the combination of the forces of the nationalities I mentioned, a tremendously powerful American Air Force with a very strong British Air Force, and also a very large detachment of the British Navy have, throughout, been the mainstay and sustenance and shield of the whole of the land operations.

These lads have travelled far and battled hard and all of us welcome the great and historic victory, which the Prime Minister has just announced.

I beg to ask leave to withdraw the Motion.

Motion, by leave, withdrawn.

Requisitioned Land and War Works Bill

House immediately to resolve itself into a Committee on the Bill.—[ Mr. James Stuart. ]

Bill accordingly considered in Committee.

[Mr. CHARLES WILLIAMS in the Chair]

CLAUSE 14.—(Stopping up or diversion of highways.)

Amendment proposed: In page 12, line 5, at end, insert:

"and the provision of means of access to any-such other highway from any land to which the highway stopped or diverted afforded access."—[ Mr. Colegate. ]

Question again proposed, "That these words be there inserted."

7.45 p.m.

After the exciting news we have had, I would like to refresh the mind of the Parliamentary Secretary before he replies, on the importance of inserting some provision such as is envisaged in this Amendment. I wish to speak from the point of view of agricultural interests. I do not think that farmers, as a whole, will be adequately protected by Sub-section (3) of the Clause In that Sub-section there is provision that an order under this Clause may contain supplemental provisions. It has been pointed out to the Committee that if the Minister makes an order which does not, in fact, provide alternative accommodation of the sort desired in the Amendment, it is open to anyone who wishes to have that alternative accommodation to challenge the order before the Commission. I think it would be very difficult for the Commission to override the Minister's order upon such a ground, because the Bill gives the Minister a purely permissive power and does not require him to provide the alternative accommodation. Consequently, I feel it would put the Commission in a difficulty to uphold against the Minister an individual complainant—because in these cases it is very likely that the complainants will be individuals—and it would also put a very great burden upon the individual complainant. In the cases which have been referred to during the Debate, we have rather been envisaging circumstances in which the enclosing of the highway or a particular strip of the highway would affect an individual farmer or possibly two or three farmers. In actual practice it would be very difficult for those people to raise the necessary objections before the Commission, and I feel that some simpler form of procedure ought to be provided, even if it is not possible for the Minister to accept what appears to us to be the natural and proper course, that is to say, to take upon himself the onus of ensuring that the alternative accommodation is provided. I hope he will give the matter further consideration.

I do not think there is much I can add to what I said before. I do not agree with my hon. and gallant Friend the Member for Chichester (Lieut.-Commander Joynson-Hicks) that the objectors will have difficulty in reaching the Commission. It does not make any difference whether it is a case affecting one farmer or two farmers; the Commission will be anxious to hear them. My Noble Friend will certainly take into account what they have to say at a very early stage when these questions of access to roads arise. The question of access will have to be dealt with as it has been in the past, very successfully and without any injustice over new by-pass roads and so on. I feel sure the objectors will be able to get to the Commission. I think it is plain that the Commission will be able to over-ride the Minister if it thinks it right to do so. I have taken high legal advice on this point, and I am sure the Solicitor-General will support me when I say that the powers contained in Sub-section (3) really do cover this matter amply. They are intended to cover it, and they do cover it, and to put in anything more specific might weaken the Clause in general for purposes analogous to those which my hon. Friends have in mind rather than strengthen it for their own particular purpose. There is on my Noble Friend the onus of responsibility to provide access when access is, in justice, required. We do not intend to administer this provision in such a way that there shall be injustice. I am afraid we cannot accept the Amendment.

In view of the assurance that we have received—an assurance which I understand to be that no one who has had access to a highway which is to be stopped up is to be refused access; that is to say, he is definitely to be pro- vided with access to the new highway—I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 12, line 37, leave out "authorities or."

I cannot quite understand why the phrase "specified authorities" is included in this provision. The beneficiaries under the Clause are either the Government or some specified person, and in no case, apparently, would any authority, particularly any local authority, be a beneficiary. There can, I think, be no claim on any authority to put up any such money, and I hope the Parliamentary Secretary will see his way to accept the Amendment.

I think there would be cases—they might be exceptional—in which it would be clearly reasonable that the local authority or the highway authority should make a contribution. There might be cases where, having stopped a highway for war purposes, the alternative provision under the Order might be used in one way or another to get something more valuable than what was originally stopped up. This might happen in connection with drainage, or sewers under the roads, and so on. Although the cases would be exceptional, it would give greater elasticity to make provision for a contribution from the authorities.

In those cases is it ensured that the local authorities will be consulted?

I beg to move, in page 13, line 5, at end, insert:

"or

(iii) the payment of compensation to any person having any estate or interest in land injuriously affected by the operation of the Order."

Apparently the Bill does not make any provision for compensating people having land which is seriously injured by the stopping of a highway. For example, a business might be involved in great inconvenience and expense in having to send all traffic in and out of its premises over a long and circuitous route in order to get to and from the public highway, instead of using a short route which it may have built or which may have determined the siting of the premises. It seems to be just that there should be a provision for compensation in such cases.

I regret that I cannot give satisfaction to the hon. Member for The Wrekin (Mr. Colegate). This question is one with which my Noble Friend is all too familiar. It arises, of course, whenever we make a by-pass. Every public house and petrol station on the old route always asks for compensation, either by way of a new site on the by-pass or a large money sum. This has always been resisted by every Government ever since the question first arose. I am afraid we could not accept it now without upsetting a vast mass of administrative practice, and I think we shall have to continue to deal with matters of this kind under this Bill as we have dealt with them under similar legislation in the past.

Amendment negatived.

I beg to move, in page 13, line 6, after "section," insert:

"shall be made only after consultation with the highway authority and."

I think the Committee generally will agree that consultation is necessary and desirable. The Attorney-General made a statement to me on the last Amendment to the effect that consultations take place. I have very grave doubts whether that is the case, and I hope he will verify it. In any event, the necessity for including this Amendment in the Bill is increased by his statement. It may be said, as the Attorney-General has just said, that this will be done, and if it will be done I cannot see any reason why it should not be put into the Bill, so that there will not be any doubts in anybody's mind. There are many precedents for such a provision. It has been inserted recently in the Education Act. What I desire is that great consideration should be given to the views of those who have a right to be consulted. It may be asked why I use the words "right to be consulted". The local authorities are the statutory authorities for looking after roads, and they ought to have the right to be consulted. They ought to have a prior right over those other persons who may be consulted by the favour—I do not say that unkindly—of the Department, which will give an audience to somebody else, but will not give it to the local authority unless the right is provided.

Under this Amendment nobody's interests can be adversely affected, but the general interests can be protected, and a great deal of trouble and difficulty can be avoided. It is quite possible that the Department, with all its experience, might take a line which would, in any event, be the same as the line which would be taken after consultation, but it would avoid a great deal of trouble if the consultation took place. It has been said that these consultations do take place, and if that is so, I cannot see why they should not be provided for in the Statute. It appears to me to be clear that when once you admit that consultations take place, you admit the right of those consultations. If it is not in the Statute, we shall get a position in which some consultations may take place at some times and at other times may not. At a result of that unsatisfactory state of affairs there is protraction, waste of time and money, irritation and dissatisfaction, all of which could be avoided if in the Bill there is given power to those who have the right to safeguard special interests to be able to exercise that right because it is the law.

8.0 p.m.

I think that what is proposed is really covered in a wider form by the Bill itself. All the Amendment would do is to say that an order shall be made only after consultation with the highway authority. Clause 16 provides that the proposals have to be sent to every local authority in whose area any such highway as aforesaid is situated, and there is a minimum period of three months before the order can be made and, if any objections are received in those three months, it goes to the Commission. Not only is there provision for the highway authority making representations and getting in touch with the Ministry, but in the Bill there is a minimum period of three months to allow them to do so. I should have thought that was a much more satisfactory procedure than would result if the Amendment were passed. Who knows what consultation is? You can just say What have you to say about it? It is unsatisfactory to make it a condition precedent to the making of the order because there might be a debate as to whether it amounted to consultation or not. Clause 16 seems to safeguard the point my hon. Friend has made completely.

You may have. But they may not have been conditions precedent to anything like an order. Whatever may have been done in the Education Act, I think that this procedure, by which proposals have to be sent three months in advance of an order being made, is a satisfactory way of dealing with the matter. I should also like to say on behalf of the Minister that outside the statutory provisions, which amply safeguard the highway authorities, it is of course the normal practice to have consultations with the highway authorities before you get to the stage of proposals.

No, that is not my hon. Friend's point. All the Amendment says is "before the order is made." Before the order is made everyone has to have at least three months notice of the proposals on which the order will be made. The Bill safeguards the position much more satisfactorily than does the Amendment.

If the consultations have not been effective, there ought to be a right of further consultation with regard to the order itself.

I agree with a great deal of what my right hon. and learned Friend has said, but will he implement his promise and insert somewhere in the Bill a Subsection saying "before the order and after consultation with the highway authority"? That is really what my hon. Friend desires. It is not before the order is made but before the proposals are made. I agree that it is not in the Amendment. But will the Attorney-General at some stage put it in? It is most desirable and it does not always happen. Government Departments sometimes act without first taking into consultation the local authorities concerned, especially highway authorities. I can see no objection to the Amendment in that form. Receiving notice of the proposals is one thing and being consulted is quite another. We all get large postbags every day for all sorts of good and bad objects, but that is not consulting the Members who get those postbags. They are merely being informed of numerous appeals. What a highway authority requires is to be asked if this is the right way in the local interest that the matter should be settled. It is better for that to be done before the proposals are made rather than force them to make objections and be heard by the Commission. I hope the Attorney-General will think again and at a later stage suggest that before the proposals are made there shall be consultation.

My right hon. and learned Friend may think he has satisfied me but he has not, and, what is still more important, I do not think that what he has said will satisfy the local authorities. If he feels on further consideration that it should be put in elsewhere at a later stage, I will withdraw my Amendment.

As a matter of actual practice, my Ministry works extremely closely with highway authorities. They act as agents for us in matters of trunk roads. They receive grants and consult us about first and second class roads. Our divisional engineers are always on the spot consulting with them. It rarely happens that anything is done with regard to highways about which there is not effective consultation at an early stage. But that is a different thing from writing in here that there must be consultation of the kind proposed. What is wanted is a guarantee that the local authorities shall have the earliest possible notice of the proposals, and there is a long period in which, if they have not been consulted in a formal way, they can call attention to anything they want to raise. Of course we shall discuss it with them. I cannot imagine any Government Department not doing so. In his Amendment my hon. Friend only refers to highway authorities but, if you put them in, how can you exclude gas or water authorities or those responsible for sewers? That would create confusion where at present everything is clear.

Amendment negatived.

Clause ordered to stand part of the Bill.

CLAUSE 15.—(Retention of railway, tramway, etc., on highway where railway not stopped up or diverted.)

I beg to move, in page 13, line 16, after "that", to insert "in the public interest."

I wish to ask the Government if they will, at a later stage, consider deleting the words "or expedient" here, as well as in the preceding Clause.

What the Solicitor-General said before about those words, holds good with regard to the same words here.

Amendment agreed to.

I beg to move, in page 13, line 18, leave out "permanently."

This Amendment goes with the two following Amendments which I shall move. They are really drafting Amendments and arise from representations made by the association that represents highway authorities, who had certain apprehensions from the existence of the word "permanently." They thought that that word might be construed as meaning that a railway or tramway that had been authorised by an Order had to remain there for ever, even though it ceased to be useful.

Amendment agreed to.

Further Amendments made: In page 13, line 19, after "highway," insert:

"unless and until other provision in that behalf is made by or under any Act (whether public general or local)."

In line 20, after "conditions," insert "and limitations."—[ The Attorney-General. ]

I beg to move, in page 13, line 20 at end, insert:

"Provided that any order made under this Section which authorises the use or maintenance of any such railway or tramway which, has been placed along, across, over or under a highway shall, if objected to by the highway authority, be laid by the Minister before Parliament, and if either House of Parliament within the period of forty days beginning with the date upon which a copy of the report and statement are laid before it resolves that the proposals shall not be proceeded with otherwise than in accordance with the report, the Minister shall not proceed with the proposals contained in the order.

In reckoning any such period of forty days as aforesaid, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days."

This is a precautionary step that we wish to take because any proposal to increase level crossings is a retrograde step in the minds of public authorities who are concerned with road policy. Had it not been for the war, these road crossings would not have been made without statutory authority from Parliament. It would be unsatisfactory to give to the Commission a power to do what otherwise could not be done without such statutory power. The safey of the roads is the responsibility of the highway authorities, who take that responsibility with great gravity. In considering level crossings they have not only to consider the public safety but the repairs of the roads, the flow of the traffic, and many other statutory obligations. When it is proposed that level crossings which have been put down for war purposes should be continued, Parliament should have an opportunity to consider whether this should be allowed.

8.15 p.m.

I need not assure my hon. Friend that my Ministry dislike level crossings more than anybody, and for many years it has been their settled policy to try and get rid of them as fast as they can. I hope that their hands will be strengthened by the report of the Road Safety Committee, which laid emphasis on the matter. One of the purposes of the Amendments which have just been agreed to is to make it certain that, where a level crossing is allowed to be retained after the war, it will be possible to impose limitations on its use by laying down the number of trains that may cross the highway in a specified period or by laying down that crossings should only be permitted at specified times. I say that to show that we are alive to the point and are against the extended use of level crossings. I think, however, that in the Amendment there is a principle which it would be hard for the Government to accept. It would mean that a highway authority could override the Commission which this Bill will set up. They could override my Minister and take it to the Commission, but, if the Commission agreed with my Minister and not with them that it was in the public interest that a certain level crossing should be retained, the highway authority could then have the power to override the Commission and bring the matter before this House. That would be a privilege that has not been given to anybody under this Bill. It would be going too far, and might possibly defeat in some cases the main purpose of the Bill as set out in Part II.

I would like to hear my hon. Friend's argument developed a little more fully. It does not seem to me that the matter is as simple as he made it. It is true that the proposal in the Amendment is an innovation, but the Bill itself is an innovation. There is the possibility that a highway authority might be able to persuade Parliament of the undesirability of a certain course. I cannot see why, because we have a Minister and a Commission, it means that of necessity there will not be other interests which should be considered besides that of mere expediency, which might be responsible for guiding the Commission in what it does. A highway authority might have a very good case, and I cannot see any weakening in the procedure by its being laid before Parliament. Those who are interested in highways desire to see them constructed in a scientific way, and to see also that highways which everyone knows ought to disappear shall disappear. Those who are anxious about the highways feel that something rather stronger than the methods proposed in the Bill should be adopted. There is deep feeling on this question, and the Amendment has the unanimous support of local authority organisations. Therefore, we should hear more about the reasons for its rejection by the Minister.

Amendment negatived.

Clause, as amended, ordered to stand part of the Bill.

CLAUSE 16.—(Publication of proposed Orders and reference to Commission.)

I beg to move, in page 13, line 31, leave out "and parish council."

This Amendment goes with another Amendment—in page 13, line 39, at end, insert:

I would be ungrateful if I did not express my appreciation of and complete satisfaction with my right hon. and learned Friend's Amendment.

Amendment agreed to.

I beg to move, in page 13, line 39, at end, insert:

( d ) in the case of an order authorising the compulsory acquisition of land, to be served on every owner, lessee or occupier (except tenants for a month or a less period than a month) of any of the land proposed to be compulsorily acquired.

This Amendment concerning the serving of notice on the owner, lessee or occupier, goes with the later Amendment in page 13, line 45, inserting certain provisions which are a code for determining how one can satisfy the obligation to give notice, if one cannot get hold of the person, or if he is not at home, or has left his last known address. The purpose of this Amendment is the same as that of the Amendment in the name of the hon. and gallant Member for Hornsey (Captain Gammans) It is a more elaborate code for giving notice than occurs in some other parts of the Bill for this reason, that in other parts of the Bill we are dealing with somebody who is already well aware that something might happen because a Government Department have gone on to his land and done work, whereas here it is desired to obtain land for a substituted highway and one may be dealing with people who have no reason to believe that their land may be wanted by the State for any purpose. Therefore, we thought it right to put in a fuller Code about notices, and I hope these provisions will satisfy those interested in this point.

Might I ask my right hon. and learned Friend a question on the subject of excepting those who are tenants for a month or less? Will the right hon. and learned Gentleman make it clear that this provision will not leave out of the protection the monthly and weekly tenants who are covered by the Rent Restrictions Act and who, therefore, have a much greater security of tenure? I do not know why this wording is used. I think the Committee would be anxious to ensure that every occupier of premises should be given due notice if his premises are to be affected by an Order made under the Bill. Perhaps now or at a later stage my right hon. and learned Friend will explain why those words were inserted.

Surely if somebody has only a week's interest, he has not any effective interest in the acquisiion of the land if he can be turned out at a week's notice. On looking at the point, I agree that if the tenant were covered by the Rent Restrictions Act the point could be looked into.

Amendment agreed to.

Further Amendments made: In page 13, line 39, at end, insert:

In this Sub-section the expression "local authority" includes a parish council and the parish meeting of a rural parish not having a separate parish council.

In line 45, at end, insert:

(3) Any notice required to be served under paragraph ( d )of Sub-section (1) of this Section may be served either—

In page 14, line 1, leave out "so limited," and insert "limited by a notice under this Section."—( The Attorney-General. )

Clause, as amended, ordered to stand part of the Bill.

CLAUSE 17.—(Proceedings, after reference, to Commission.)

I beg to move, in page 14, line 12, leave out "whether."

This Amendment, which I am moving on behalf of my hon. Friend, goes with the one that follows—in page 14, line 12, leave out "or otherwise," and insert "to be held by him." My hon. Friend and myself were anxious that it should remain clear that there shall be a public inquiry held by the person appointed for that purpose. If the matter were left as it appears in the Bill, it might happen that the person appointed would proceed without giving the public an opportunity for hearing the proceedings. Does my right hon. and learned Friend not think it desirable under this Part of the Bill that everything should be done in the open at a public local inquiry and not by a hole and corner method? We have at an earlier stage discussed the question of how far public inquiries are to be held. We did that when we were discussing Part II of the Bill. There the Government made out a case for leaving it open to the Commission to do some of their work not by means of a public inquiry. It may well be an objection that it merely affects one or two owners of property, but when we come to Part III it does seem that here it is a more public matter. A right of way is being affected, and the public should have the opportunity of hearing what is being done to their highways.

May I add one other argument? This is dispensing with the power under the Highway Act of 1835 for stopping up and the diversions of highways, and from time immemorial there has always been a right to hear such cases in public at the quarter sessions for the county of borough. This Bill takes out of the scope of the court of quarter sessions the important matter of stopping up and the diversion of highways. Therefore, surely when this has been done in a court openly and only when due notice has been given so that everybody can be present, it should be replaced by a public local inquiry.

8.30 p.m.

The way in which one approaches the Amendment, and a good many other Amendments either moved by or of interest to my hon. Friend, depends very much upon what view one takes and what confidence one places in the Commission. We believe that the Committee are inclined to place confidence in this Commission and to assume that it will act as a sensible and responsible body of men. Believing that, we think that it would be a mistake to say that on every objection every inquiry that might arise should be held in public. If there are substantial abjections by local authorities to the main proposals for stopping up a highway, clearly they are matter for public inquiry, but suppose the local authority, the highway authorities and everybody else agrees that the main lines set out in the Order are sensible and are obviously the thing to do—everybody is agreed; they might be saying that the Minister had done them all very proud—and then some person affected by the Order objects. He is not satisfied with the amount of his compensation, or he wants to suggest that the road should go in some slightly different direction. So far as individual objectors are concerned, it will be a far more sensible way of dealing with them if they see a member of the Commission or a person appointed by them, or have a discussion on the actual site. That would not be a public inquiry. You could not put up a notice and say, "Mr. Jones is going to discuss with Mr. Robinson Mr. Robinson's objection on the actual site, and the public are invited to attend."

While I agree that where there is real local opposition to the main proposal that is obviously a case in which a public inquiry would be suitable, there may still be cases in which a public inquiry would be unsuitable. We believe that we can trust the Commission to provide for public inquiries in all cases where they are necessary, appropriate and desirable, but we think it would be a mistake to compel them to have all investigations in public.

I am not entirely satisfied with the Attorney-General's reply and I hope that my hon. Friend the Member for The Wrekin (Mr. Colegate) will consider the position. No one would say that the objector could not go to the spot and discuss the objection, but if there is objection respecting a public right of way, surely there ought to be a public inquiry, to which not only the objector but other people can go to hear what is being done. I do not think the Attorney-General has met the point that in these Clauses we are taking away a right that exists for the subject to go to the court of quarter sessions and to hear publicly what is being done about the stopping up or diversion of a highway. The Committee should be very wary before allowing this right to be heard at quarter sessions to be replaced by a decision of an inspector that could be given in private and not in public. I cannot conceive that there are many cases in which the Commission would be inclined to do without a public inquiry. Because I think a matter of principle is involved I press my right hon. and learned Friend to reconsider this matter and to accept the Amendment.

Amendment negatived.

Amendment made: In page 14, line 17, leave out "the next succeeding subsection," and insert "this section."—[ The Attorney-General. ]

I beg to move, in page 14, line 29, leave out from "Act" to end of line 35.

The effect of the Amendment is to leave out paragraph ( b ) of Sub-section (2) of the Clause. As drawn, the paragraph gives power to the Minister of War Transport to override the Commission and permanently to close public footpaths and other highways, subject only to a negative Resolution if we carry the Chancellor's Amendment: In page 15, line 14, at end, add: b ), which gives to the Government the right to override the Commission, not only in the interests of a Government Department but even in the interests of a private person to whom they have sold the land.

I would remind the Committee that under the Bill a private individual has no right to appeal against the Commission. I cannot see why the Minister of War Transport should be given power to override the Commission. I cannot see the sense of appointing a Commission to adjudicate on such matters and then to give a Government Department the right to override the Commission, in the interests even of a private individual.

The Government should give us some clear explanation, before we accept the paragraph. They have modelled this proposal on Clause 9 in Part II, where they made out a case for acquiring land against the advice of the Commission, where it is important for the purpose of the Government that it should be used. Here is something quite different. We are dealing with the deprivation of an easement or right of way which belongs to the public. On Amendment after Amendment my right hon. and learned Friend has got up and said, "Surely you can trust the Commission." We always pay a great deal of attention to what he says, but now we find that although we may put implicit trust in the Commission the Minister of War Transport, represented here by his very able Parliamentary Secretary, is given power under the paragraph to override the Commission as and when he pleases, provided that in the opinion of the Ministry it is for the proper utilisation of Government war works on the land.

If it is a defence matter, no one in this Committee would not bow to the right of the Government to override the Commission when the defence of this country is involved, but it is quite another matter where you get this vague phrasing, "proper utilisation of Government war works on any land." In my view it is not right that the Commission, who will have heard and determined this matter after due deliberation of what is in the public interest, should be overridden by, I will not say the whim but by the momentary opinion, of the Ministry of War Transport. We felt in Part II that we had some safeguard in the negative Resolution procedure where land had been acquired against the advice of the Commission, but here is something different. It will concern a small matter on which it would be quite inappropriate to divide the House, on a Prayer late at night. Therefore, that is not a sufficient safeguard. It will not do for the Parliamentary Secretary to tell the Committee, at this stage, that "It is quite all right; let me override the Commission, as I shall always have to tell the House." I do not think that is the correct answer. The correct answer is this Amendment. I ask the Government to trust the Commission and delete paragraph ( b ).

It is very unlikely that there will be any appreciable number of cases in which the power under paragraph ( b ) will be exercised, but I think that the Committee agreed, when we discussed this on an earlier part of the Bill, that where the public interest and the use of Government war works or other public purposes were involved, it was right constitutionally that the last word, subject to this House, should be with the Minister, not with the Commission. One can call these words vague. One can always use vituperative language towards words, but the Minister has to form the opinion that it is necessary to proceed to make an Order:

"for the proper utilization of government war works on any land, being works the right to use or determine the use of which (whether then or thereafter) ought, in the opinion of the Minister of War Transport, to be preserved or secured for the Crown or for some other person,"

There are, of course, cases where a highway has been stopped up. In many cases the substituted highway will be more convenient, in some cases as convenient and in some cases less convenient, but it is, in our view, constitutionally right that the Minister should have the last word.

The right hon. and learned Gentleman has, two or three times, said that "the Minister should have the last word." Is it not, in fact, the case that Parliament should have the last word?

I am obliged to the hon. Member. I should have said that the Commission shall not have the last word—that would be a more accurate way of putting it—and that the Minister, if he feels that in his opinion this would be detrimental to these purposes, can make an Order or certificate which is subject to a negative Resolution of this House. This Amendment proposes an affirmative Resolution as against a negative Resolution—

I thought that possibly my hon. Friends were arguing that. As the only question is to leave out paragraph ( b ) of Sub-section (2), I would not recommend the Committee to do that. That is a shorter argument than I thought was necessary. It seems to me that there should be power in the Minister, if he is satisfied, in the conditions that are set out in paragraph ( b ), which I read a short time ago, to say, I disagree with the Commission. If Parliament disagrees with me then the Commission wins, but in my view these circumstances have arisen and it is necessary for the proper utilisation of Government war works as here defined that this highway should be stopped up." I think the Committee will agree that he ought, constitutionally, to have that power.

I think the Attorney-General has made out a case, though at first sight I thought there was a case for the Amendment. Important as the Commission is, surely the last word should rest with the Minister. [ Interruption. ] Of course, it rests with this House, I agree. I was about to deal with that point. I am not satisfied that this House will really exercise its authority just by a negative Resolution. Surely if we are to have proper control over the Minister, there ought to be an affirmative Resolution.

I am sorry to interrupt the hon. Member, but that question does not arise on this Amendment.

8.45 p.m.

I was a little disappointed with my right hon. and learned Friend's method of dealing with this Amendment. I am not referring to the first few minutes of his remarks replying to a further Amendment. What he did say was not really very reassuring. His argument amounted to this, that the Commission was all right when it was all right, but if you do not wish to abide by its decision you just over-ride it. That sort of argument upsets people. We have been told by the Chancellor of the Exchequer and the Financial Secretary that they mean to repose more and more confidence in this independent Commission, which is there to protect everybody—highway authorities, private landowners, anybody. I should have thought that the Commission's word would have been final, subject, of course, to the final authority of Parliament. But subject to that we were led to understand throughout that the Commission was to remove the matter from the arena of Ministerial discretion and, on the facts, to give an impartial, almost a scientific, decision. Therefore, the Attorney-General's argument makes us feel a little uneasy about the position of the Minister, and about the powers of the Minister to overrule the Commission. I would ask the Attorney-General to look again at this matter, because I hope my hon. Friends will press the Amendment to a Division, as it really raises a very important question of principle.

I am really astounded that the Attorney-General should, at this stage of the Bill, advance the argument he has done. It seems to me quite incredible for the Government to say—this is what it boils down to—that if the private individual, the local authority or common right owners, go to the Commission, in the eyes of the Government they are fully protected, and should the Commission report against them, that is all right, the House is here to protect them. But when it comes to the Government's side of the case the Government appear to be under an apprehension that the Commission will not take into account such factors of policy as are presented to them by the Government spokesman at the hearing. It seems to me that in this Sub-section for the proper utilisation of Government war works, it is really incredible, almost insulting to the Commission, to say to them, "You are incompetent or incapable of deciding whether a certain highway may or may not be stopped up if it is in reference to the proper utilisation of this or that war work." This appears to be one of the most straightforward cases one could put to the Commission, one in which it seems difficult to understand where broad Government policy comes in. I would have thought it was a case in which the Commission would be given certain facts by the Government spokesman, and the facts would speak for themselves as to whether or not a certain thing was necessary, and any reasonable body of men, who need not even be legally qualified, could surely decide on that issue. I feel that my hon. Friends are right in pressing this Amendment on the attention of the Government, and I hope they will continue to do so.

What I stated has not, I think, been accurately represented in one or two speeches. It is not a question of distrusting the commission—we put the greatest trust in them: it is a constitutional question. The Government, being charged with responsibility to this House for the general conduct of State affairs, ought not to delegate final decision, on matters within their responsibility, to an outside body. It is not that we do not trust the Commission to take a fair view of the case which the Government put before them, but where the Minister, having studied the report of the Commission—and the Minister will be very loath to disagree with the Commission, obviously—thinks that if this highway is not stopped up it will mean great jeopardy to war works, which ought to be the care of the State, he must have the power, subject to the veto of this House, to take a different course. It is a question of whether the responsibility which rests on Ministers should be delegated finally to an outside body.

I apologise for intervening after having been unable to be present to hear my hon. Friend move the Amendment, but I have heard the Attorney-General twice, and I am exceedingly disturbed about the Government's proposals on this Sub-section. All through this Bill it has been urged upon the Committee—in many instances when I have personally intervened in the discussion—that everything will be all right, because it is to be left to the Commission to decide. I have on various occasions tried to get some guidance for the Commission put into the Bill, as to the lines on which a decision should be taken, but always we have been told that the Commission's discretion should not be fettered. We have been told that the Commission are a quasi-judicial body. A judicial body is one whose decisions cannot be overruled by Parliament, but this quasi-judicial body is to be overruled in certain instances, where it may affect the Ministry of War Transport. We were prepared to accept that position where Defence works are concerned: on national security grounds it was reasonable that the Government have the last word; but I cannot see any justification, on a matter of principle, for decisions of the Commission to be overridden, except where it is necessary for security.

This question of highways is not one of principle, but one of detail. Where the highway is now closed down, the individual concerned has a right of appeal to quarter sessions, and the decision of quarter sessions is final: there is no appeal at all. Let us compare that position with the proposals in this Bill. The matter is referred to the Commission but, instead of the decision of the Commission being final, it can be overruled by the Government ment Department. Both in the matter of the particular instance in which that Subsection is to be applied, and in the matter of the general principle of overriding the Commission, which has throughout been set up as a paramount body, which should, therefore, give the greatest confidence to all who have any anxiety about these provisions in the Bill, the Sub-section is a menace, and I hope that the Government will reconsider it between now and a later date.

I also apologise for having been unable to hear the whole of the argument, but I heard the Attorney-General's perhaps penultimate speech. His argument seemed to be that you appoint this Commission, which is to be final—that is the word which the Chancellor of the Exchequer used very often—and independent, and at the same time you must, as a matter of policy, reserve to the Minister the overriding decision. Those arguments might equally well have been addressed on the Committee stage of the Judicature Bill. Then we gave power for the appointment of

judges; and the argument might equally well have been adduced that Ministers should have the power of overruling judges when they find against the Crown. This overriding power in this case is to be given in relation to highways, railways, tramways, cables, and things of that sort, for the proper utilisation of Government war works. But the Government already have power, under Clause 5, Sub-section (1), to acquire any adjoining land which is necessary for the proper utilisation of Government war works, and under Clause 7 they have power to acquire any easements which are necessary for the proper utilisation of Government war works. It seems to me that this extra power is a duplication of an existing power. It is difficult to see that a case has been made out, on any ground, for not letting the Commission be, in the Chancellor's own words, a final and independent Commission.

Question put, "That the words proposed to be left out stand part of the Clause."

The Committee divided: Ayes, 112; Noes, 33.

Division No. 20.]

AYES.

[9.0 p.m.

Beaumont, Hubert (Batley)

Groves, T. E.

Reakes, G. L. (Wallasey)

Beaumont, Maj. Hon. R. E. B. (P'ts'h.)

Hall, W. G. (Colne Valley)

Richards, R,

Beech, Major F. W.

Harvey, T. E.

Ritson, J.

Beschman, N. A.

Hepburn, Major P. G. T. Buchan-

Ross Taylor, W.

Beit, Sir A. L.

Hinchingbrooke, Viscount

Royds, Admiral Sir P. M. R.

Brocklebank, Sir C. E. R.

Hubbard, T. F.

Salt, E. W.

Brooks, T. J. (Rothwell)

Hudson, Sir A. (Hackney, N.)

Sidney, Captain W. P.

Brown, T. J. (Ince)

Hughes, R. Mcelwyn

Silkin, L.

Bull, B. B.

Hulbert, Wing-Commander N. J.

Smith, E. P. (Ashford)

Cape, T.

Hutchinson, G. C. (Ilford)

Smith, T. (Normanton)

Gary, R. A.

Jennings, R.

Somervell, Rt. Hon. Sir D. B.

Channon, H.

Jones, A. C. (Shipley)

Spearman, A. C. M.

Chapman, A. (Rutherglen)

Jones, Sir L. (Swansea, W.)

Stewart, W. Joseph (H'gton-le-Spring)

Cooks, F. S.

Keir, Mrs. Cazalet

Storey, S.

Conant, Major R. J. E.

Lennox-Boyd, A. T. L.

Strickland, Capt. W. F.

Critchley, A.

Linstead, H. N.

Stuart, Rt. Hon. J. (Moray and Nairn)

Crookshank, Capt. Rt. Hon. H. F. C.

Loftus, P. C.

Sutcliffe, H.

Davies, S. O. (Marlhyr)

McEntee, V. la T.

Taylor, Major C. S. (Eastbourne)

Dobbie, W.

McGhee, H. G.

Taylor, H. B. (Mansfield)

Douglas, F. C. R.

McNeil, H.

Thorneycroft, H. (Clayton)

Drewe, C.

Mainwaring, W. H.

Tinker, J. J.

Driberg, T. E. N.

Marlowe, Lt.-Col. A.

Touche, G. C.

Duckworth, W. R. (Moss Side)

Marsden, Captain A.

Walkden, A. G. (Bristol, S.)

Dunglass, Lord

Molson, A. H. E.

Ward, Col. Sir A. L. (Hull)

Eccles, D. M.

Mort, D. L.

Ward, Irene M. B. (Wallsend)

Edmondson, Major Sir J.

Mott-Radclyffe, Major C. E.

Waterhouse, Captain Rt. Hon. C.

Evans, Colonel Sir A. (Cardiff, S.)

Muff, G.

Watson, W. McL.

Evans, D. O. (Cardigan)

Murray, J. D. (Spennymoor)

Watt, G. S. Harvie (Richmond)

Everard, Sir W. (Lindsay)

Neal, H.

Westwood, Rt. Hon. J.

Furness, S. N.

Nicholson, G. (Farnham)

White, H. (Derby, N.E.)

Fyfe, Major Sir D. P. M.

Noel-Baker P. J

Whiteley, Rt. Hon. W. (Blaydon)

George, Maj. Rt. Hn. G. Lloyd (P'broke)

Owen, Major Sir G.

Willoughby, de Eresby, Major Lord

Gibbins, J.

Peake, Rt. Hon. O.

Windsor-Clive, Lt.-Col. G.

Glanville, J. E.

Pearson, A.

Woodburn, A.

Goldie, N. B.

Pethick-Lawrence, Rt. Hon. F. W.

Wright, Group-Capt. J. (Erdington)

Grenfell, D. R.

Prescett, Captain W. R. S.

Young, Major A. S. L. (Partick)

Griffiths, J. (Llanelly)

Price, M. P.

TELLERS FOR THE AYES:—

Grimston, R. V. (Westbury)

Quibell, D. J. K.

Mr. Mathers and Mr. Pym.

NOES.

Acland-Troyte, Lt.-Col. Sir G. J.

Joynson-Hicks, Lt.-Comdr. Hon. L. W.

Studholme, Major H. G.

Apsley, Lady

Lloyd, Major E. G. R. (Renfrew, E.)

Suirdale, Colonel Viscount

Beattie, F. (Cathcart)

McEwen, Capt. J. H. F.

Tate, Mrs. Mavis C.

Berry, Hon. G. L. (Buckingham)

Manningham-Buller, R. E.

Turton, R. H.

Clarke, Colonel R. S.

Mellor, Sir J. S. P.

Wakefield, Sir W. W.

Cundiff, Major F. W.

Mills, Major J. D. (New Forest)

Watt, F. C. (Edinburgh Cen.)

Fildes, Sir H.

Morrison, Major J. G. (Salisbury)

Wayland, Sir W. A.

Fox, Squadron-Leader Sir G. W. G.

Neven Spence, Major B. H. H.

White, Sir Dymoke (Fareham)

Gibbons, Lt.-Col. W. E.

Orr-Ewing, I. L.

York, Major C.

Greene, W. P. C. (Worcester)

Petherick, M.

Jeffreys, Gen. Sir G. D.

Prior, Comdr. R. M.

TELLERS FOR THE NOES:—

Jones, Sir G. W. H. (S'k Newington)

Southby, Comdr. Sir A. R. J.

Mr. Colegate and Mr. Keeling.

I beg to move, in page 14, line 38, at end, insert:

"Provided that any order so made shall be provisional only and shall not have effect unless and until it is confirmed by Parliament and the provisions of Section two hundred and eighty-five of the Local Government Act, 1933, shall apply in relation to any such provisional order with the substitution of the Minister for the Minister of Health."

This Amendment, and the Amendment in my name to Clause 18—in page 15, line 16, to insert:

"other than an order that is provisional only until confirmed by Parliament "—

have the same object, which is to secure that where a Minister, or the Minister in this case, overrides the Commission in regard to the closing of a highway, it should only be done by the Provisional Order procedure and subject to Parliamentary confirmation in the same way as under Part II under the present Amendment. The object is so clear that I need not occupy a great deal of the time of the Committee. It is essential that we should get this Provisional Order procedure agreed to by the Government. I should think that it appears to them as so reasonable that I might hope that they will accept it.

I am sorry, but I cannot meet my hon. Friend the Member for The Wrekin (Mr. Colegate) on this Amendment. The proposal that the Government have in mind, as shown by their Amendment is the negative Resolution on the part of the House. My hon. Friend, with praiseworthy brevity, did not condescend to give particulars of how much of the Provisional Order procedure of the Local Government Act he was going to introduce. I am sure he will agree with me that the local inquiry should be entirely unnecessary in the case that is given to the Commission, and, therefore, he has not asked the Committee to go the whole length of the Provisional Order procedure, which his Amendment would apparently suggest. The real answers here axe two. The Government think that the procedure with regard to highways should conform to the procedure which has already been agreed with reference to Part II of the Bill. The idea of having a Provisional Order with a possibility of proceedings in two Houses of Parliament, with the expense that would be occasioned by the litigation under what is suggested by my hon. Friend, is quite out of place in regard to the procedure for closing a highway.

I remember very well the first time that I was concerned with closing a highway under the existing procedure of the Act of 1835. In that case the solicitor asked me to settle all the documents and to deal with the closing. Even then, with all the documents to settle, the recollection of the paucity of my fees makes me blush after 20 years. It is really a very small matter under the normal procedure, and for my hon. Friend to tack on to that the procedure which he suggests, either with or without a local inquiry, seems quite out of place on the subject matter we are discussing. I am sure that my hon. Friend, having made his suggestion in the matter, and having had it considered, will not press it at this stage.

I do not think that the reply is quite satisfactory. On 30th June last year the Prime Minister made a statement on whether Parliament should use Provisional Order procedure and the procedure suggested by my hon. Friend. He gave instances where he thought it should be dealt with by Provisional Order procedure, and it strikes me, from what the right hon. Gentleman said on that occasion, that this is the type of thing he had in mind, where the interests of private persons or societies are being affected and where it is desirable that there should be power to amend the order, and he said the new procedure—a joint Committee of both Houses—should be used. Now we find that, although that statement was made as recently as last June, neither in this Bill nor in the Water Bill, is any use made of the Provisional Order procedure which the Prime Minister, the Leader of the Government, had said he was going to use. I would have thought that there was no Clause more suitable for it than Clause 17. When we are dealing with the substitution of one highway for another, it may well be that the House, after reflection, may not want to say "Aye" or "Nay," but may want to make the alteration. You, Major Milner, have had great experience with Private Procedure of the House, and know how Members often offer suggestions for alternative solutions. Whether we were right or the Government were right on the last Amendment, that this is a proper Clause on which to use the Prayer after 11 o'clock at night. I cannot see anybody being satisfied on the question whether a highway should be stopped up by having to put down a Prayer to be taken at a late hour at night. This sort of thing should be done in Committee upstairs, or at least one stage of it should be done there. If people were not satisfied they could have a negative Resolution. If Ministers are to be allowed to over-ride Commissions with impunity, then this House should have the last word, and the last word should be in a form in which it is enabled to amend the proposals and not merely to say "Aye" or "Nay."

Amendment negatived.

9.15 p.m.

I beg to move, in page 15, line 14, at end, add:

"and if either House of Parliament within the period of forty days beginning with the date on which a copy of the report and the statement are laid before it resolves that the proposals shall not be proceeded with otherwise than in accordance with the report, the Minister shall not proceed with the proposals otherwise than in accordance with the report.

In reckoning any such period of forty days as aforesaid, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days."

This is the Government Amendment suggesting the negative Resolution procedure which we have discussed on the previous Amendments, and I am sure that, as we have compared it with the various procedures which have been suggested, the Committee would not want me to detain them by advocating it now. But I want to say one word with regard to it. In my view the House of Commons is far too modest about the effect and practice of the Prayer and negative Resolution. If I may put it colloquially, a great deal depends at which end of the gun you are when you see it in operation, and having seen it in operation from one end of the gun for the last three and a half years, I would be the last to decry the effect that a Prayer and a negative Resolution has in this House. I am not merely making a debating point, I am thinking of the good will and power of the House. When someone has a good point, he can open the proceedings himself, because he moves the Prayer, and can create the atmosphere, and in a matter of this kind, which is outside the run of party politics, if he has a good point, he can get support from all quarters of the House. He can make his point and make the running, and he can make it very difficult for the Government to resist it. I would not like it to go out that the House is delegating its own powers and its own action by saying the negative Resolution is a negative procedure. I do not think that it is, and it is for that reason that I have moved this Amendment.

It would be ungracious on the part of those of us who have put down a number of Amendments to this Bill if we did not thank the learned Solicitor-General for the Amendment which he has put down, and still more for the kind words which he has said to those of us who have on occasions differed from him. I would like to say once more, as I have had occasion to say on a number of occasions during the Committee stage, that, considering the time that the Government say they took over the drafting of this Bill, it is astonishing how many bright ideas have come to them since they saw that it was necessary for the House to assert itself and for Members to put these Amendments down. If all those safeguards for the liberty of the subject had been contained in the Bill as originally drafted, there would not have been the general outburst throughout the country against it. But I do recognise that the co-operation of the House of Commons and of the Government, the salutary shaking of the stick by the House of Commons and, then, the repentance at the last hour on the part of the Government, are likely to result in a Measure being put on to the Statute Book which is very much better than the one which was originally drafted.

I regret the waste of Parliamentary time that has been necessary because the Government did not take the trouble to think about these things before, but the speech which the Solicitor-General has now made is, of course, a very great comfort to some of us for the work that we have done in the past, the labours that we have devoted to persuading our friends to remain here late at night in order to move Prayers against delegated legislation or Orders by the Government which appeared to us to be unduly restrictive of the liberty of the individual. We have never before been allowed to know what it felt like to be at the other end of a gun. The gun appeared to us sometimes to be very heavy, it was a great labour to aim it, and the people at the other end of the gun always appeared to carry it off with a very non-chalant air. Therefore it is a comfort to find to-night that when the Government are putting down an Amendment of this kind, which goes so far to meet us, they are now telling us that they do recognise the good work that has been done by back-benchers in bringing them to order in the past. I would add that it is extremely satisfactory to us to have this Amendment, and it is the reason why some of us have found it possible to-day to vote for the Government when, if an Amendment had not been put down, we should certainly have found ourselves in the other Lobby. Therefore I would like, as graciously as I can, to express my deep gratitude to the Government for this Amendment and especially to the Solicitor-General for the charming things he has said.

I also would like to thank the Government for going some way, but I would like to ask them to consider if they could go just a little bit farther, because it seems to me that the prospect of the success of a Prayer against an Order providing for the laying or retention of a cable along a highway is extremely remote. I cannot think myself that this House is really the proper body to inquire into whether or not a cable should be retained along a particular highway or a railway over the particular highway or the tunnel underneath. Although the Government have gone to the extent of providing a safeguard, it is not really a satisfactory safeguard, and I should like to ask them to consider the matter further between now and the Report stage.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

CLAUSE 18.—(Validity and date of operation of orders under Part III.)

I beg to move, in page 15, line 17, leave out from "of," to "a," in line 18, and insert "Section 16 of this Act."

This is purely a drafting Amendment to make sense. I should be glad to hear for once that my view of sense and the view of my hon. Friend the Solictor-General are at one on this.

I beg to move, in page 15, line 28, leave out "first," and insert "last."

I hope I may get the concurrence of my hon. Friend the Member for Thirsk and Malton (Mr. Turton) as I so readily concurred with him in the last Amendment because we say, if I may put it Biblically, that "the last shall be first." In other words, when you have two insertions in local papers, the time should run from the last insertion in case there are people who have not seen the first. I do not think it requires further words of mine to make sense of what is so obviously sensible.

Amendment agreed to.

I beg to move, in line 48, leave out "first," and insert "last."

This Amendment is purely consequential.

Amendment agreed to.

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

Before we leave Clause 18, I think it would help to have an explanation from the Government for the extraordinary provision in Sub-section (3) which reads:

"Subject to the provisions of the last preceding Sub-section, an Order under this Part of this Act shall not, either before or after it has been made, be questioned in any legal proceedings whatsoever.…"

This, at first sight, would appear to be an attempt by the Executive to override the judiciary, and I feel sure that the Solicitor-General would not be anxious for that to be said of any Bill to which he gave his backing. I hope, therefore, that he will be able to satisfy my hon. Friends and myself who look on this provision with very grave distrust.

I am grateful to my hon. Friend for calling attention to the point. He will see that in Sub-section (2) there is a right of appeal to the High Court which must be made within a period of six weeks. Then, as a corollary to that you have to put in a provision that subject to that Section—that is, subject to right of appeal within six weeks—there will be no further right of appeal, that is, the provision of the Clause as a whole is that there is a limit of right of appeal. I am speaking from memory, and my hon. Friend will probably correct me if I am wrong, but I think I am right in saying that the limited right of appeal was one of the matters which the Donoughmore Committee discussed. I think their conclusion was that in certain circumstances, a limited right of appeal was a proper provision. Here the circumstances are that you want finality in the matter; you do not want somebody to be able to sit down under something and, after the work is done and arrangements have been made and planning has been going on, to be able to interrupt it at a later date. That is why we have fixed a period of six weeks, and I suggest to the Committee that it is a reasonable method of dealing with it. There has been a great deal of discussion on the question of limitation of proceedings but I am sure I am right in my recollection—I have not had time to verify it—that limited time of proceedings is one which is permissible in circumstances like this.

Question put, and agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clause 19 ordered to stand part of the Bill.

CLAUSE 20.—(Temporary continuance of stopping up, etc.)

9.30 p.m.

I beg to move, in page 16, line 15, leave out from beginning, to "by," in line 18, and insert:

"Any order made under any Defence Regulation for the stopping up or diversion of a highway shall, unless previously revoked by the Minister who made the order, or, if the order was made by the Minister of Transport, by the Minister of War Transport, continue in force."

It might be convenient if we considered this Amendment with the following two Amendments, namely, in page 16, line 19, at end, insert:

"notwithstanding the expiration or revocation of the Defence Regulation in question and notwithstanding that the stopping up or diversion of the highway is no longer required for war purposes."

And in line 24, leave out "highway may be stopped up or diverted," and insert:

"order is to continue in force, unless previously revoked as aforesaid."

They all hang together. [HON. MEMBERS: Agreed.] It may be convenient to the Committee if I indicate the effect of the three Amendments. They will make Sub-section (1) read:

"Any order made under any Defence Regulation for the stopping up or diversion of a highway shall, unless previously revoked by the Minister who made the order, or, if the order was made by the Minister of Transport, by the Minister of War Transport, continue in force by virtue of this Section until the expiration of two years from the end of the war period notwithstanding the expiration or revocation of the Defence Regulation in question and notwithstanding that the stopping up or diversion of the highway is no longer required for war purposes."

The proviso comes in after that. It was felt that when we considered the original wording, which was actually in the form

"A highway stopped up or diverted may … be kept stopped up or diverted …"

it might be arguable that the highway might be kept stopped up or diverted by some private interest. The sort of thing we had in mind was that you have a highway which crosses a reservoir, and which you had stopped up for security reasons in order to prevent the danger of sabotage to a factory that might be near—a perfectly reasonable and necessary war use. But we did not want it to appear, or to be suggested, that private interests could maintain the stopping up of the highway. We thought that ought to be a matter for the Minister, for which he could be called for account in this House, if he did not take the necessary steps. Therefore, we have put in the words:

"will continue unless it is previously revoked by the Minister who made the Order,"

which brings us to the question of policy. I have had the advantage of discussing that with my hon. Friend the Parliamentary Secretary to the Ministry of War Transport, who assures me that the policy of his Department is to unstop as many highways as quickly as possible. They have already unstopped several hundred, and they are working hard now to deal with that matter. Some of my hon. Friends might say, "Why do you not put it the other way, and say that highways will be unstopped unless you have a fresh Order?" It is a question of administration. In a matter of this kind you have to consider a great number of highways when you have one piece of land which has to be considered as a whole. If you allow the Department to approach each highway, and consider the urgent and pressing policy of being eager to get highways unstopped, they will be able to deal with the matter thoroughly and properly as each point comes up. But if you say that they have to make an Order if they want it to continue you put them into the position where they, will have to make Orders for stopping up to continue until they have had time to consider each individual case. My hon. Friend the Parliamentary Secretary assures me that the better administration is to proceed as we have suggested, that the Minister should revoke, and that the Department will be on its toes to see that unstopping goes on as it has begun, quickly and expeditiously.

I have listened to the Solicitor-General's explanation, and I must say that I do not feel quite happy about it. I am not happy about the effect of the Amendment in regard to the words in the original Clause

"… (notwithstanding that the stopping up or diversion thereof is no longer required for war purposes)…"

I thought provision could have been made that when a stopped up highway no longer required to be stopped up for war purposes it should cease to be stopped up. As I understand the Amendment the effect of it will be that you stop roads, footpaths and all the rest, even although they are no longer required for war purposes, until someone can go through the ordinary machinery and get an order from the Ministry of War Transport. I am not happy about that because I believe that there are a great many highways and footpaths which could be opened for public use by taking down boards tomorrow.

I find myself largely in agreement with my hon. Friend the Member for Daventry (Mr. Manningham-Buller). I understand the Solicitor-General's argument to be that it would be a great deal more convenient for the Department not to have to come to a decision at a special time with regard to highways stopped up for war purposes and, therefore, there is no guarantee that this will not be allowed to go indefinitely. I understand the desire to have every kind of administrative convenience that can possibly be provided, and that at the end of the war a large number of difficult problems will arise in a short period, but I do not think it is satisfactory to be told that highways stopped during the war are to be allowed to continue for a period of two years merely for administrative convenience.

It is a little more than a matter of administrative convenience. The basic purpose of this Bill is to consider whether you do not require to continue in peace-time, for peace purposes, the things which you did during war, for war reasons. The same applies to highways. A highway may be a vital part of a scheme or factory which you propose to continue, and all the reasons which apply to the factory may equally apply to the highway. With regard to the question when a decision should be made and whether we ought to make a new order every time, I wish to point out that our decisions cannot be spread out indefinitely. Under the Bill they have to be made over a period of two years. We want to make decisions as quickly as we can, and the question is whether they would be accelerated if we have to make an order each time before we could keep a road stopped up. We believe that our operations would be retarded because we would have to give time and trouble to the preparation of orders which, in the end, might not be required.

Amendment agreed to.

Further amendments made: In page 16, line 19, at end, insert:

"notwithstanding the expiration or revocation of the Defence Regulation in question and notwithstanding that the stopping up or diversion of the highway is no longer required for war purposes."

In line 24, leave out "highway may be stopped up or diverted," and insert:

"order is to continue in force, unless previously revoked as aforesaid."—[ The Solicitor-General. ]

I beg to move, in page 16, line 30, leave out "six months," and insert "twenty-eight days."

I listened with a great deal of doubt and apprehension to the explanation given on the previous Amendment, but I think that when one considers how the Clause has been altered as a result of that Amendment, and how Sub-section (1, b ) provides that where proposals are abandoned, whether by reason of an adverse report of the Commission and on the volition of the Parliamentary Secretary, the public is to be deprived of a highway for a further six months, one must agree that the Government are asking too much. The Amendment suggests a limit of 28 days. I can tell the Minister that I will close on five weeks or six weeks if he likes. I do not believe the Government can justify a period of six months, and I hope they will give way on this matter. We are asking for something that is quite reasonable. If the Commission says that the proposal of the Minister is unreasonable, and if the Minister does not try to override the Commission, it is then suggested that there should be a further six months before the people of England can exercise their hereditary right of way. Surely that is unreasonable.

I support this Amendment. We have heard a good deal about administrative convenience. That is the only argument which I conceive can be advanced in favour of a period of six months, but even that is, I think, asking rather more than is reasonable in a case of this sort. In circumstances in which the Department has already decided to abandon the stopping up of the highway, it can make a decision forthwith and reopen the highway, and no time-lag is necessary. In circumstances in which the decision is taken by the Commission, the matter will already have been sufficiently canvassed, and the arrangements can have been made. It is not a question of diversions, and so on, which would call for a great deal of labour; it can only be a question of administrative convenience. I suggest that the public convenience might also be borne in mind in this matter.

I could not agree more in principle than I do with my hon. Friend. Whenever we can do so the highway will be opened, not in 28 days but in 28 hours. We will do it instantly. There is one reason only for this provision and the hon. and gallant Member for Chichester (Lieut.-Commander Joynson-Hicks) touched on it. He said that this is not a question of removing obstacles or of labour, but purely one of administrative convenience, and that we would do well to think of the convenience of the public. In point of fact, it is precisely the removal of obstacles and the shortage of labour which has induced us to insert this provision in the Bill, and which makes, it necessary for us to keep it there. There are some highways which are many feet underground, filled in for the creation of aerodromes, and there are many cases where very large-scale works will have to be carried out, before the highways can be opened, although, of course, they will not be a large proportion of the whole. Therefore, there will not be many of the roads which will be kept stopped-up for six months. But my hon. Friend knows that there is a severe shortage of labour for road maintenance and for repairs which will have to be done immediately the war comes to an end. It will be difficult to get labour for this work.

9.45 p.m.

The hon. Gentleman pleads shortage of labour, as if we were asking that this should be 28 days after the conclusion of hostilities. What is proposed is 28 days after abandonment by reason of an adverse report of the Commission. Does the hon. Gentleman suppose that within a short period of time, the Commission is going to consider a proposal of this kind and that it is going to be abandoned? By the time the Government put the Act in operation and get the Commission going, there will be much less shortage of labour than there is today, and it would easily be possible to accept some period less than six months. Why not split the difference?

I am not so pessimistic as my hon. Friend about the prospect of moving quickly, but it is believed that the shortage of labour for essential purposes connected with the reconstruction of the nation, will continue for a very considerable time, and that we shall find it extremely difficult to get the labour needed for urgent road work of many kinds. We are acting in good faith. Something like 10 per cent. of the roads that were stopped up have already been unstopped, and that has been done even before the war has come to an end.

I really think the hon. Gentleman is taking up an unreasonable attitude. It is most demoralising to the public to be told that when the Commission is in their favour, the Minister can delay the operation of the Commission's decision for six months.

I think my hon. Friend has understated the position. The order may not be made for two years; then it has to go before the Commission, which may take another six months or longer, and after that, the Minister is to decide whether he is going to override the Commission's findings. Then it may come before the House. After all that, the Minister says he can keep the highways stopped up for a further six months. It seems to me that, while professing that his policy is to unstop highways, which I do not dispute, he has the right to keep them closed up for many years to come. There are many roads still stopped up which were formerly main roads and it would not take much to bring them back into use. I really think it is asking too much to take six months.

The Minister has made it an excuse that he cannot get sufficient labour. We seem to be getting a very nice collection of Boches now, and there is no reason why the right hon. Gentleman should not make use of several thousands of them. To talk of a shortage of labour is rather nonsense.

I think this is a false point. It is like arguing that, because a fine is "not exceeding £50," everybody will be fined £50. I gather that what the Minister is saying is that there will be exceptional cases where it will be physically impossible to do the job within six months. I cannot see how any reasonable person can say, if it is not physically possible to do it, that the Minister "must" do it within 28 days. There will be cases in which it would not be possible to do it in the time, and it would be no good Parliament legislating for something what the Minister is advised cannot be done.

I do not want to be obstructive. I have agreed with my hon. Friend in principle. Six months is only the maximum, and I think that in the vast majority of cases it will not be required. My advisers think that six months is the period that ought to be given, and I am reluctant to tie the hands of future officers of the Department by making a concession here and now which might not be justified. I will look into the question again with my advisers, to see if something can be proposed to meet the case.

I therefore beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Amendment made: In page 16, line 38, at end, insert:

"or such earlier date as may be specified by any Minister who authorised the placing thereof or, if that Minister was the Minister of Transport, by the Minister of War Transport."—[ The Solicitor-General. ]

Clause, as amended, ordered to stand part of the Bill.

CLAUSE 21.—(Savings.)

Amendment made: In page 17, line 9, after "powers," insert:

"or by an order under any Defence Regulation."—[ The Solicitor-General. ]

Clause, as amended, ordered to stand part of the Bill.

Clauses 22 and 23 ordered to stand part of the Bill.

CLAUSE 24.—(Deep lines.)

In page 18, line 30, at end, insert:

"except in respect of any part of the line which runs at a depth of ten feet or less below ground level and except in respect of any damage done in the course of the execution of any work of construction or maintenance."

In view of the fact that a satisfactory explanation has been given to me on this point by my right hon. and gallant Friend the Postmaster-General, I do not propose to move this Amendment.

I beg to move, in page 19, line 3, at end, insert:

"(3) If any Government war works constructed below the surface of any land in connection with the construction of, but not forming part of, a deep line, remain in the land after the completion of the line, and any person having an estate or interest in the land, proves that the presence of those works in the land interferes or is likely to interfere with any existing or proposed works of his on the land, then, unless compensation has already been paid in respect of the Said Government war works, the Postmaster General shall pay to him and to every other person then having an estate or interest in the land a sum equal to the amount by which the values of their respective estates and interests in the land are diminished by the presence of the said Government war works in that land."

The Amendment deals with a small point and one that is not very likely to arise. In the course of considering the Amendment—which was put on the Paper by my hon. Friend the Member for The Wrekin (Mr. Colegate)—and may I express my appreciation to him for not moving it—I found that there was this conceivable case. When these deep lines were laid, naturally a few temporary shafts had to be sunk to help the construction. After the work was finished, these shafts were filled up, and no compensation has been either claimed or charged for any damage of that sort. I have since ascertained that the iron linings of the temporary shafts were left in the ground in the lower depths—not near the surface—and it is conceivable that in the few cases which exist at some future time somebody may be hampered by the fact that the lining is there and may claim that some damage is thus caused to proposed works on that land. If that case should arise, this Amendment gives the possibility of compensation, along the usual lines.

Amendment agreed to.

Further Amendment made: In page 19, line 5, leave out "Sub-section," and insert "Section."—[ Captain Crook-shank. ]

Clause, as amended, ordered to stand part of the Bill.

CLAUSE 25.—(Acquisition by local authorities.)

I beg to move, in page 19, line 40, at end, insert:

"Provided that no land shall be purchased under this Section except in pursuance of a notice to treat given before the expiration of two years from the end of the war period."

I think we have already drawn attention to the words which have been omitted and which should be inserted here. I do not think the Amendment requires any further justification.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

CLAUSE 26.—(Provisions as to compulsory purchase orders.)

Motion made, and Question proposed, "That the Clause stand part of the Bill."

There is an important matter arising on this Clause to which, I regret, I did not have an opportunity of referring earlier. The Clause is concerned with compulsory purchase orders by local authorities, and Parliament has passed an Act laying down certain procedure to be followed when a compulsory purchase order is to be made. That procedure is laid down in Section 161 of the Local Government Act of 1933. It is a reasonable procedure and is, indeed, the procedure which the Government have adopted under Part III of the Bill. I think we should not accept this Clause, without obtaining from the Government an explanation of why they intend to dispose of the safeguard for those who occupy and own property, which was laid down by Parliament in Section 161 of the Local Government Act, 1933.

The reason is that local authorities will exercise their powers under this Act in cases where the work has been done. For instance, there have been cases where houses have been built by local authorities on requisitioned land, and where one is presented with a fait accompli. We therefore thought it right to simplify the code, because although a notice of inquiry may be appropriate and proper where nothing has been done, and where there is an appropriate area in which to put up these works, that procedure would be complicated and inappropriate where work has already been done. The Committee will appreciate that these local authority orders apply only where the purpose is one for which the local authority could exercise compulsory powers under the ordinary laws. That is the reason why we have altered the procedure, and I think the Committee will agree that it is correct to do so.

Question put, and agreed to.

Clause ordered to stand part of the Bill.

CLAUSE 27.—(Maintenance and use of works and continuance in possession.)

10 p.m.

I beg to move, in page 21, line 26, after "thereof," insert:

"(including, but without prejudice to the generality of the preceding words, rights and advantages as to the taking of water, whether for the purposes of a water undertaking or for other purposes)."

I suggest that we might at the same time consider the next Amendment on the Paper—in line 32, after "water," insert

"whether for the purposes of a water undertaking or for other purposes."

The purpose of these Amendments is to clear up doubts which have been expressed in regard to water. The first Amendment deals with water taken not by Order under Regulation 50A but by authority under Regulation 50. In regard to the second Amendment we were afraid that the words:

"In connection with the use of any works or land"

might not apply to the taking of water. The Amendment will make it clear that they do apply and I hope the Committee will accept it.

Amendment agreed to.

Further Amendment made: In page 21, line 32, after "water," insert:

"whether for the purpose of a water undertaking or for other purpose."—[ The Solicitor-General. ]

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

I should like to ask a question. I notice Sub-section (1) covers a dwelling-house which was so converted as to come within the definition of "Government war works." Is it to be maintained by the Government for two years, possibly:

"for the purposes of the public service or for any purpose for which they were maintained or used in the exercise of emergency powers?"

I am not sure but it seems to me that dwelling-houses are not excluded, as they were in earlier parts of the Bill.

The exclusion of dwelling-houses applies only to acquisition.

Question put, and agreed to.

Clause, as amended, ordered to stand part of the Bill.

CLAUSE 28.—(Removal of works and restoration of land.)

I beg to move, in page 22, line 7, at end, insert:

"Provided also that entry upon any land shall not be demanded as of right under paragraph ( c ) unless reasonable notice of the intended entry has been given to the occupier of the land."

I understand that the Financial Secretary to the Treasury has a form of words to meet the point of this Amendment.

My hon. and gallant Friend has made a good point in this Amendment and we are anxious to meet him. The form of words he has chosen is not quite accurate. I have supplied him with a copy of the form of words which we propose to move to insert in the Bill at this stage. I will, if I may, read them to the Committee:

"and

(ii) after the passing of this Act, entry upon any land shall not be demanded as a right under paragraph ( c ) of this sub-section unless reasonable notice of the intended entry has been given to the occupier of the land."

In view of the form of words read out by the Financial Secretary, I beg to ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 22, line 7, at end, insert:

"and

(ii) after the passing of this Act, entry upon any land shall not be demanded as a matter of right under paragraph ( c ) of this sub-section unless reasonable notice of the intended entry has been given to the occupier of the land."

My hon. Friend opposite asked what was "reasonable notice." We have used those words because the length of notice may vary according to the nature of the case.

Amendment agreed to.

I beg to move, in page 22, line 7, at end, insert:

"(2) Where any Minister or any person acting under his authority causes injury or damage to any person or property in the exercise of his powers under sub-section (1) of this section, the Minister shall be liable to pay compensation for such injury or damage."

This Amendment deals with a very simple matter. I think it speaks for itself, and calls for no extended explanation. I hope it is one which will appeal to my right hon. Friend, and from his silence, I think that may be the case. In those circumstances, I propose to say no more in support of it.

Here again my hon. and learned Friend has made a good point and I have a form of words which, I think, will meet that point. These words will have to be moved later, following on the next Amendment on the Paper in the name of the Member for The Wrekin (Mr. Colegate), which we also propose to accept.

I am quite prepared to take my right hon. Friend's assurance, and I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 22, line 7, at end, insert:

"and

(ii) where in connection with any works an agreement in writing has, whether at, before or after the time of the construction thereof been made by or on behalf of any Minister with any person then having an interest in the land on which the work is constructed, which contains a specific provision that the works should belong to that person permanently, the said powers shall not be exercisable in relation to those works so as to defeat that provision of that agreement."

The Amendment is self-explanatory. It is only to protect a specific agreement, and I understand my right hon. Friend is prepared to accept it.

I beg to move, in page 22, line 7, at end, insert:

"Where any land is damaged in the exercise of the powers conferred by paragraph ( c ) of subsection (1) of this section, the Minister shall pay such compensation to the persons interested in the land as may be just and any dispute as to the compensation payable shall be decided by the General Claims Tribunal constituted under the Compensation (Defence) Act, 1939."

It seems to us fair and reasonable that if the Government enter upon land, and in so doing damage the land, and a third party, whose land it is, has to traverse that land, reasonable compensation shall be paid.

I understood from the Financial Secretary that his Amendment was exactly to the same effect as the Amendment of my hon. and learned Friend, but that Amendment provided for compensation for injury to a person, whereas this Amendment provides only for damage to property.

The reason why the compensation provided in the Amendment which I am moving is limited to cases coming under paragraph ( c ) is that, by virtue of Clause 30, compensation is already payable in respect of powers conferred by Sub-section (1) ( a ) and ( b ), under the Compensation (Defence) Act, 1939. Therefore, the damage under paragraphs ( a ) and ( b ) is already covered. The new point is in regard to paragraph ( c ), and it is to that that my Amendment is directed. Damage done under each of these three paragraphs will be provided for.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clause 29 ordered to stand part of the Bill.

CLAUSE 30.—(Compensation.)

I beg to move, in page 23, line 22, after "of," insert: as action taken under Defence Regulations. The purpose was to bring into the scope of this Bill and the various things that can be done under it, the compensation code which applies to the exercise of emergency powers during the war. The exercise of emergency powers in, in the main, done under Defence Regulations, and the Compensation (Defence) Act, which is referred to in the Clause as drafted, is the main statutory provision dealing with compensation. When we came to go into the matter in rather more detail, I do not say we discovered, but we realised that there were certain other statutes which, in one direction or another, affected and altered the compensation code.

10.15 p.m.

For instance, the Landlord and Tenant (Requisitioned Land) Acts of 1942 and 1944 accept, in some cases, the compensation which is payable and the position which arises when property is requisitioned. The Act of 1942 dealt with a rather special case which is best exemplified by the service flat—a case where the tenant was paying, as rent, a sum which included payment for services, and not merely for the right to occupy, and that was dealt with. The Landlord and Tenant (Requisitioned Land) Act of 1944 dealt with a rather complicated question. It came to light that there was a possibility of a landlord being able to get compensation from the State and also being able to say to his tenant, "You have not fulfilled your covenant to repair." The War Damage Act deals with the question of compensation. The first purpose of these Amendments is simply to bring into this Clause, those Statutes which affect compensation and the effect of the application of the Compensation (Defence) Act. That is the first purpose.

Another of these Amendments—I think it is conveneint to deal with them all together—provides that, where possession is continued for two years, it is not to be treated as a fresh requisition. If it were, you would get the absurd result that empty land might have been requisitioned in 1940, and a factory might have been built on it in 1942, and, if you treated the continuation in possession as a fresh requisition, the compensation to which the owner was entitled would include the factory which the Government had placed upon the land. We therefore provided that it should be treated as one transaction. Another point, and this is purely drafting, is that there are one or two Defence Regulations which, themselves, deal with compensation. Regulation 50 ( a ) is one of them. This is simply to tidy up these points and see that the purpose of the Section is fully carried out.

I do not think my right hon. and learned Friend has met all the cases that might arise. It seems to me that, especially in London, a vast amount of property was requisitioned in the early days of the war, when people had left London. The Government came along and said, "We are not going to give you your normal 1939 standard rent, because you could not get this rent, anyway; we will give you what we think is right and just, according to the market now." That might have been a reasonable attitude at that time, but the position has changed. If this property were de-requisitioned now, the landlords could only get for it the standard rent of 1939. That is bad enough, but, if the Government are to come along now and continue requisitioning for another two years, and regard that as one transaction and continue to pay these wretched people—who have lost enough rent as it is during the war—the rentals which they gave them in 1940, I submit that that is hardly an equitable arrangement. I suggest it is possibly one which the hon. Attorney-General had not envisaged when he made his statement.

I think the Committee would agree in the case I put, where a building has been erected on the land, it would be wrong to treat it as de-requisitioned. My hon. and gallant Friend has raised a point which is somewhat different from that and I am told by my right hon. Friend the Financial Secretary that that point has been considered. It was raised more by the earlier Amendment than by the Amendments of my right hon. Friend which we are now discussing. My right hon. Friends realise there is a point in what has just been said, and a new Clause is being put down, which we can discuss to-morrow, to meet that point. Subject to that, I think these Amendments ought to be inserted.

On a point of Order, Mr. Williams. Will it be in Order to discuss the question raised by my hon. and gallant Friend the Member for Hornsey (Captain Gammans) on the next Amendment? If so, we can reserve our discussion. It is a major issue.

I was not proposing to select that Amendment. There is a new Clause dealing with the point, but the Chair will have to see it before it is selected.

What applies to London, applies throughout the country. I should like to mention one case. Seaside properties, both hotels and boarding houses, were requisitioned at a time when people avoided the seaside. Now these properties are to be held up for two years and alterations have to be done.

This would appear to make legislation retroactive. The right hon. and learned Gentleman did not explain this point.

On a point of Order, Mr. Williams. We have had a certain amount of discussion on the point. Will discussion on the new Clause, if it is called, be curtailed so as to exclude the questions raised in the present discussion?

Questions of detail are being raised on the Amendments of the Government, which will have to be put separately. These points will have to be considered as having been finished to-day. There is always the Report stage. There is another Amendment which is not being selected, and there is also the new Clause, which I have not seen, and I do not know what we can discuss on it until I have seen it. I should have thought that with a little good will on all sides, it would be reasonable to have a discussion on that. The position is quite clear. The Committee can discuss these Amendments, and discuss the new Clause in full when it comes.

If the matters which are being raised now are to be covered by the new Clause, would it not be convenient for the Committee now to report Progress.

May I deal with the point about retroactivity? Clause 28, which the Committee has already passed, is retrospective. The object with which that Clause was inserted was to make it clear that Ministers have power to go on land to remove works and restore land. It was not quite clear whether they had that right. Everybody wants them to have that power. The whole Committee want them to go and do it. Therefore we made it retrospective because a certain amount had been done already with the general approval of the House of Commons and the whole country. Clause 28 will, therefore, be retrospective. Clause 30, which applies to compensation values, must also be retrospective.

On a point of Order. May I know exactly what is now to happen? Do I understand that the Government are going to submit a new Clause of their own, and will that Clause be discussed to-morrow? This is a matter of major importance, involving a very important principle.

Perhaps I might explain. We recognise that the hon. and gallant Member for Hornsey (Captain Gammans) has a good point here, that is to say, that if under the powers conferred by this part of the Bill premises which have been subject to requisition in the past are held over for a period which may extend up to two years, there may be a very good case for a re-assessment of the requisition rents. Therefore we have devised a new Clause which will cover precisely the point which the hon. and gallant Gentleman has in mind. That Clause will be on the Order Paper to-morrow morning, and hon. Members will have a chance of looking at it before we resume the Committee stage after the Debate on the Report stage of the Budget Resolutions.

Would it be possible, if it were the wish of the Committee for you, Mr. Williams, to permit a statement to be made by the Government in general terms, of what they propose to put into the new Clause, so that we might have a chance of thinking over it a little while before we see it in precise terms on the Paper to-morrow? There will not be much time to consider what we shall have to discuss, perhaps to-morrow afternoon.

I admit that I am in a difficulty on this point. It is not very simple, but I suggest that, probably, the best way would be to deal with the Amendments first and get them out of the way. Then on the Question "That the Clause stand part of the Bill" if the Committee are not satisfied it can be indicated that there are certain points of the Clause which are not regarded as satisfactory. Then we shall have the new Clause to-morrow. I think that would simplify the matter. So I propose now, with the leave of the Committee, to put these Amendments.

Could we get this cleared up? My hon. and gallant Friend the Member for Hornsey (Captain Gammons) has an Amendment on the Paper, which I understand is not being called, but the Government's answer to it has been given on one of the Amendments moved on behalf of the right hon. Gentleman the Chancellor of the Exchequer. Now we learn that there is to be a new Clause to be introduced which covers the point of my hon. and gallant Friend's Amendment. Therefore the new Clause must presumably relate to the Chancellor's Amendment.

10.30 p.m.

I think that is really not the case. It is not an uncommon thing for the Government to put down a new Clause to meet a certain position. I think that it is necessary for me to protect the right of the Committee to a full discussion on the new Clause.

Amendment agreed to.

Further Amendments made: In page 23, line 23, after "1939," insert:

"and

( b ) the Landlord and Tenant (Requisitioned Land) Acts, 1942 and 1944; and

( c ) any provisions of the War Damage Act, 1943, referring to requisitioned land or to work done on land in the exercise of emergency powers."

In line 23, leave out "emergency powers and," and insert:

"powers exerciseable by virtue of defence regulations.—[ The Attorney-General. ]

(2)"

In line 27, at end, add:

"and, where possession of any land is retained in pursuance of the powers so conferred, the retention of possession by virtue of those powers and the original taking and retention of the land apart from those powers Shall be treated for the purposes of section two of that Act as being one transaction, and the references in the said Section two to the period for which the possession of the land is retained shall be construed accordingly.

(3) Where, if the powers so conferred had been exercised under Defence Regulations either—

(4) This Section shall be deemed always to have had effect."—[ Mr. Peake. ]

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

I think the Government ought to hear something of our objections to this Clause, because as it is now amended there is a gap in the procedure, and some people that I have mentioned, at the seaside, as well as those inland and in London, will be adversely affected unless the Government at a later stage either amend the Clause or introduce a new Clause to correct it.

I think we all appreciate that the Committee are facing a little difficulty due to the fact that the Government's new Clause will not appear on the Order Paper until to-morrow. I believe my hon. Friends will be satisfied with the wording of that Clause but at the same time if they like to keep open the question of Clause 30 standing part, until they have seen our new Clause, we shall have no objection to that course. The only other observation I have to make is that I understand there is a general agreement that we should get the remaining portions of the Committee stage of the Bill through by to-morrow night at a reasonable hour, after the Report stage of the Budget Resolutions. If there is general acceptance of that view I should then like to suggest that we might now report Progress.

It is quite impossible for one or two Members to say exactly how long they think they will take, and I would say that there has not been any obstruction at any stage of this Bill.

We must either talk about the Clause or report Progress. If the Government are proposing to report Progress there should be a Motion to that effect.

I beg to move, "That the Chairman do report Progress, and ask leave to sit again."

I am not accusing anyone of obstruction but I would say that the proceedings on this stage of the Bill have been somewhat protracted. I move to report Progress in the hope, which is encouraged by certain conversations which I understand have taken place that, if we report Progress now we shall get the Committee stage of the Bill, as my right hon. Friend has said, at a reasonable hour after the Report stage of the Budget Resolutions.

Question put, and agreed to.

Committee report Progress; to sit again To-morrow.

Adjournment

Resolved: "That this House do now adjourn."—[ Mr. Beechman. ]

Adjourned accordingly at Twenty-five Minutes to Eleven o'Clock.