House of Commons
Thursday, May 3, 1945
The House met at a Quarter past Two o'Clock
Prayers
[Mr. SPEAKER in the Chair ]
Oral Answers to Questions
Questions
National Service Act (Conscientious Objectors)
asked the Minister of Labour if he will issue a full statement as to the working of Section 5 of the National Service Act, 1939, to include the number of tribunals set up, the number of applicants interviewed by each and by the appellate tribunals, the numbers under Sub-section (6), in one-year periods up to the latest convenient date, separating those who have co-operated by alternative useful national service from those who, in varying degrees, have not so assisted or complied with the terms of the Act.
As the statement is long, I will, with permission, circulate it in the OFFICIAL REPORT, and will send to the hon. and gallant Member an additional tabular statement giving the full and detailed information requested.
Can my right hon. Friend say now what is the total number of conscientious objectors who have been registered?
I think the hon. and gallant Member had better look at the official figures.
In view of the complexity of this question, may I give notice, Mr. Speaker, that I propose to raise it on the Adjournment for the Whitsun Recess?
Following is the statement:
Nineteen local tribunals (of which four have since been disbanded) and six divisions of the appellate tribunal have been set up to consider applications for registration in the register of conscientious objectors under Section 5 of the National Service (Armed Forces) Act, 1939. These tribunals heard applications from 58,780 men and 1,056 women. They ordered 3,430 men and 93 women to be registered in the conscientious objectors' register unconditionally, 28,591 men and 771 women to be registered on condition that they undertook specified civil work, and 14,628 men and 30 women to be registered as liable for non-combatant service in the Forces. The applications of the remaining 12,131 men and 162 women were rejected and their names removed from the conscientious objectors' register.
Many applicants registered in the conscientious objectors' register have since renounced their objections to military service. On 31st March, 1945, a total of 24,625 men and 732 women remained conditionally registered and of these 23,046 men and 583 women were reported to be complying with their obligations. Of the remainder 1,013 men and 65 women had furnished satisfactory reasons for not having complied, 498 men and 68 women were the subject of further inquiries, 61 men and 15 women were under consideration with a view to prosecution, while seven men and one woman were in prison. Up to that date a total of 307 men and 84 women had been prosecuted in connection with non-compliance with the condition of their registration. As the complete statement asked for is rather long, I am sending it on to the hon. and gallant Member.
Demobilisation
Territorial Army Service
asked the Minister of Labour whether in the light of the views expressed by serving Members in the Debate on demobilisation, on 15th November, 1944, he will consider giving some priority of release to prewar members of the Territorial Army.
No, Sir. Careful consideration has been given to the opinions expressed in the Debate on 15th November, but the Government adhere to the view that there is a real difference between service in the Armed Forces in peace-time and in time of war and that the only service which should be taken into account for determining the order of release from the Forces is service during the war.
Will my right hon. Friend bear in mind that many units of the Territorial Army were called into the field several months before the outbreak of hostilities?
On the age and length of service principle, I do not think any grievance will arise, as they were the first in.
Higher Age Groups
asked the Minister of Labour with regard to the decision not to call up to the Armed Forces men now over 30 years of age, how many men would be liable to call up if the limit were raised to 40 years of age; and whether he will consider using such men for the armies of occupation and so ensure earlier release for those who have been serving many years in the Forces.
The information which the hon. and gallant Member requests in the first part of his Question is not available, but I may say that the number involved is small. As regards the second part of the Question, the answer is in the negative, as the decision not to call up these men will not affect the rate of release from the Forces.
Is my right hon. Friend aware that there is considerable dissatisfaction among troops overseas, who have a feeling that this decision is resulting in the prolongation of their service after many years of service already?
I am glad to be able to assure the men overseas that that is not so. It does not affect the rate of release to the slightest extent. I know that a good many newspapers and others have suggested that it does, and the misunderstanding is very easily caused. It seems to be a happy hunting ground for causing misunderstanding.
Does my right hon. Friend appreciate that many men in the Services over the age of 40 feel they have now to go on serving overseas when many younger men, who have been in reserved occupations, are going to escape military service altogether; and they feel it is time the younger men took their part in military service?
I can assure the hon. and gallant Member that that is not so. There is no person of these ages who will be kept a moment longer in the Services because of this decision.
Is my right hon. Friend aware that many of the men referred to in the Question desire most ardently to serve in the Forces and would welcome a relaxation of this decision?
We would welcome them as volunteers if they showed signs. This is a question of calling up.
Would they be accepted as volunteers?
We cannot have a Debate on this Question.
asked the Minister of Labour whether he is aware that the decision not to call up new recruits to the Forces over the age of 31 years will react adversely upon the prospects of demobilisation of those at present in the Forces and is particularly resented by men over the age of 31 years who are at present being transferred into the Army from the R.A.F.; and whether he is prepared to revise this decision.
asked the Minister of Labour whether he is aware of the dissatisfaction caused by the fact that men over 40 years of age, and who have already served abroad, are now being drafted to the Far East, while men of 30 and over who have not yet been called to military service have now been exempted; and if he will take steps to allay this discontent by releasing the over 40's and calling up the 30's.
asked the Minister of Labour whether he is aware that the recent decision of the Government to restrict, after 1st May, the calling up of men to the Forces to those under 31 years of age has caused grave dissatisfaction to Servicemen who are above that age; and will be take steps to see that the return of these men to civil life is not delayed through this decision.
I am glad of this opportunity of correcting any impression in the minds of the older men in the Services that the decision to restrict the calling up of men to those under 31 years of age as from 1st May will retard release from the Forces under the reallocation scheme. The number of releases will, in fact, be the maximum consistent with operational requirements and with transport and accommodation facilities, and will not be affected by the decison not to call up men over 30. As regards the drafting of older men to service in the Far East, I would refer my hon. Friends to the reply given by the Prime Minister to the hon. Member for Cheltenham (Mr. Lipson) on 10th April and to the reply given by my right hon. Friend the Secretary of State for War to the hon. Member for Twickenham (Mr. Keeling) on 1st May.
If these operational requirements could be carried out by younger men who have not been called up, would not that necessarily mean that the older ones would be released more rapidly?
The number of men under 31 who will be available is in excess of the training facilities that the Army has, and in any case they could not be trained and got out to the Far East in time. Therefore the decision to restrict to 31 was made because the numbers available to meet the release and to meet the estimated occupation forces in Germany can be supplied by the younger ages.
How does the right hon. Gentleman explain the purely mathematical position that, if the intake is reduced, the period of those already in is not increased?
The intake is not reduced. The Army can take in so many people to train, and the numbers that they can take in can be made available out of the age groups below 31.
Master Builders
asked the Minister of Labour if a soldier, who in civil life was a master builder, will be allowed, if given priority release under Scheme B, to resume business on his own account or will he be liable to be directed to work for somebody else.
The object of releasing building workers in Class B is to supplement the labour force available for build- ing houses and it is an essential condition of the scheme that the men released shall be directed to work where their services are most urgently required for this purpose. No guarantee can, therefore, be given that a man would be allowed to resume business on his own account.
Questions
Hospitals (Staffing)
asked the Minister of Labour whether, in view of the slight relaxation of direction into factories of young women that may be effected in the near future, the domestic needs of our hospitals can have priority; and whether he is aware that the strain of over-work on nurses is having serious repercussions; and if he is in consultation with the Minister of Health on this matter.
High priority is already given to the supply of domestic workers in hospitals. As to the steps I have taken to assist hospitals to obtain domestic workers, I would refer my hon. and gallant Friend to the reply I gave to the hon. and gallant Member for Wellingborough (Wing-Commander James) on 7th December, 1944, a copy of which I am sending to him. Hospital staffing—both domestic and nursing—is a subject on which I am frequently in consultation with my right hon. Friend the Minister of Health.
Industrial Reconversion
Workers' Reinstatement (Prosecutions)
asked the Minister of Labour the number of prosecutions of employers who have refused to reinstate workers when directed by the Board of Appeal; and will he give the figures for the mining industry.
Up to 30th April, 1945, 63 prosecutions (including two in the coalmining industry) were brought in England and Wales against employers either for terminating the employment of workers without the permission of a National Service Officer or for failing to comply with the directions of a National Service Officer to reinstate. I regret that information as to the number of prosecutions in these two classes is not readily available and the time necessary to extract it from the records would not be justified.
What steps are taken when trouble arises to institute prosecutions? Is my right hon. Friend aware that there is a feeling among the workers that he is hard on one side and not very hard on the other?
I really have been moderate on both sides. I have not rushed into prosecutions without trying to settle these things, whether the man has been wrong or the employer wrong. I have used the sanction as a very last resource in all cases.
In how many cases were employers convicted?
I would want notice of that question.
Regional Appointments Offices
asked the Minister of Labour if he will make a statement on the arrangements that have been made for the establishment of regional appointments offices in the principal regional areas; and if wide publicity is being given to the valuable opportunities thus afforded to retired officers of the fighting Services.
Thirteen appointments offices have now been established in the principal regional areas, one in each of the 11 cities or towns where there is a regional office of the Ministry and one each in Liverpool and Glasgow. In addition to the information contained in the recently issued handbook "Release and Resettlement," the attention of officers retiring from the fighting Services is specially drawn to the facilities offered by my Appointments Department.
Has my right hon. Friend received a report from Birmingham on the valuable work done in the West Midlands area by the Appointments Office?
Yes. I get fortnightly reports from Birmingham and all the other offices, which I go through. I think the Department is becoming known, and the placings have been on the whole very good.
Questions
Domestic Service (Report)
asked the Minister of Labour when the Report of Miss Markham and Miss Hancock on the future proposals for domestic service will be published.
As I have alreay informed my hon. Friend I have been considering this report in conjunction with my colleagues. I had hoped to be able to make a statement of the Government's proposals concurrently with the publication of the report. As, however, I am not yet in a position to make any announcement I have decided to publish the report forthwith.
Military Service (Reserved Occupations)
asked the Minister of Labour how many men now under 40 years of age who would have been liable to service in the Armed Forces but for having been in a reserved occupation, have now been de-reserved; and how many of these would now have been called up to the Armed Forces but for the decision to limit future calls-up to men under 30 years of age.
I regret that the information is not available.
Does my right hon. Friend agree that the effect of this decision is that large numbers of young men, between 25 and 30 at the outbreak of the war, who would otherwise be now liable to military service, have never been engaged in military service at all?
The men have been where they were told to be. They have not had their freedom any more than persons in the Army. Perhaps the hon. and gallant Member will await the answer to another Question on this matter in a moment or two.
Disabled Persons Employment Corporation, Limited
asked the Minister of Labour whether he has yet appointed the chairman and directors of the Disabled Persons Employment Corporation, Limited.
Yes, Sir. The appointments to the board of directors have now been made. I will, with permission, circulate particulars, together with a brief note on the scope and functions of the Corporation, in the OFFICIAL REPORT. The House will, however, wish to know that I have been fortunate in securing the services of my right hon. Friend Viscount Portal, as Chairman.
Following is the statement:
The following persons have been appointed by the Minister of Labour and National Service to be members of the board of directors of the Disabled Persons Employment Corporation, Limited:
The Viscount Portal, P.C., D.S.O., M.V.O. (Chairman);
Brigadier-General Atwell Charles Baylay, C.B.E., D.S.O.;
Major Sir Jack Benn Brunel Cohen;
Samuel Courtauld, Esq., D.Lit.;
Miss Caroline Harriett Haslett, C.B.E.;
George Alfred Isaacs, Esq., J.P., M.P.;
Lieut.-General Sir Ronald Morce Weeks, K.C.B., C.B.E., D.S.O., M.C., T.D.;
Frank Wolstencroft, Esq.
The undermentioned has been appointed by the Minister of Labour and National Service, in agreement with His Majesty's Treasury, to be the Financial Director of the Corporation:
Sydney Herbert George Hughes, Esq., C.B., C.B.E.
The appointments are for a period of three years.
The Corporation is a public company, incorporated under the Companies Act, 1929, required by its constitution to apply its profits, if any, or other income in promoting the objects for which it was formed, and prohibited from paying any dividend to its members.
The function assigned to the Corporation by Section 15 of the Disabled Persons (Employment) Act, 1944, is to make special provision for registered disabled persons who, by reason of the nature or severity of their disablement, are unlikely to obtain employment or work on their own account except under special conditions. In carrying out this function the Corporation will take account of, and where necessary supplement, the work of voluntary organisations and other nonprofit making bodies already providing facilities for this class of disabled persons and also of local authorities who make similar provision in the exercise of their Statutory powers. The measures and methods which the Corporation will adopt will depend largely upon the nature and extent of the field to be covered and this will not be precisely known until the register of disabled persons has been compiled. Its powers are, however, wide enough to cover, for example, the provision of special workshops, the provision of hostel accommodation linked with these workshops, and the provision of special facilities for home-workers.
Cost of Living (Coal Prices)
asked the Minister of Labour what addition to the cost of living will, according to his information, result from the increase of three shillings and sixpence per ton on the price of fuel.
If the prices of other commodities remain unchanged, the effect of an increase of 3s. 6d. a ton in the retail prices of coal and coke, with an equivalent increase in the prices per cwt. would be to raise the official cost-of-living index by nearly three-fourths of a point.
India
Legislative Assembly Members (Detentions)
asked the Secretary of State for India whether he is now in a position to state how many members of the Indian Legislative Assembly are serving terms of imprisonment; and of those released, how many are precluded from attending or speaking in the Assembly and for what period it is intended that this disability shall persist.
Yes, Sir. None of the 200 members of the Central Legislature is serving a term of imprisonment. One member of the Council of State and three members of the Legislative Assembly are at present under detention. Of the three members who have been released from detention, none is precluded from attending or speaking in the House.
Is my right hon. Friend satisfied that no change of policy is warranted in this regard?
The matter is continuously under the review of the authorities in India.
Disease Incidence, Bengal
asked the Secretary of State for India the extent and nature of the epidemic in Bengal, with particular reference to cholera; how far Calcutta is affected; and what measures are being taken to deal with this.
The incidence of cholera in Bengal as a whole has during the past year been below normal, but I have seen recent Press reports of a cholera epidemic in Calcutta and have asked the authorities for a report. Smallpox has been not very greatly above normal and very much below the corresponding figure for last year. Malaria which has been for some time above the average has recently been improving.
When is the right hon. Gentleman likely to have a report regarding the outbreak of the disease in Calcutta?
I cannot say, but I have asked for it.
Food Situation, Malabar and Northern Madras
asked the Secretary of State for India whether famine conditions now obtain in Malabar and the Northern Sirkars; and which districts are affected by cholera and by malaria.
The answer to the first part of the Question is in the negative. The food situation in Malabar and Northern Madras had given rise to some anxiety but the Government of India have been able to alleviate the situation by internal movement of foodgrains, and the Government of Madras have introduced systems of rationing throughout the heavily deficit areas which are reported to be working satisfactorily. The latest reports are that the food situation in Madras province remains fairly satisfactory. Malaria unfortunately is endemic throughout India. I have had no report of any epidemic of cholera in Madras.
Electoral Register
Absent Voters' List
asked the Secretary of State for the Home Department if he is aware that many persons, such as evacuees returning home from reception areas and mobile training trade workers concentrated in London, may be living away from the place for which they are registered as electors at the time of the General Election and will thus be unable to vote; that a very short time was allowed for applications to go on the absent voters' list and this process received little publicity; and if he will appoint another day for applications to go on the absent voters' list, make forms of application readily available to the public, and give the matter wide publicity.
asked the Secretary of State for the Home Department whether he can take any, steps to provide that men living away from home by reason of their occupation such as the considerable number of building workers in London, who did not make application before 9th April to be placed on the May electoral register, will have an opportunity of voting at a General Election held before publication of the next register on 15th October.
As I have already indicated consideration is being given to the question whether any modification of the existing arrangements in respect of the May Register is possible to meet the circumstances referred to in these two Questions, but unhappily I am doubtful about the prospects, and I am not yet in a position to make a statement.
Will the right hon. Gentleman consider publishing the May register as arranged and at some future date a supplement to the absent voters' list?
That will be considered among other possibilities, but the registration machinery is working under very great difficulties and they have to go forward with the October register afterwards. I admit that there will be imperfections about the May register. I cannot help it, but I will do my best to make it as perfect as possible.
While appreciating the difficulties of the situation, may I ask if my right hon. Friend is aware that, unless some alteration is made, hundreds of thousands of electors will not be able to register their votes at an election held before the middle of October? It is a very serious situation.
I should not like to commit myself to my hon. Friend's figure, but I admit that there will be material imperfections and I am not happy about it. I can only say that I will do my best in the circumstances, which must inevitably be difficult in total war when a lot of the population has been pushed about.
If I introduce a one Clause Bill, will the Government give it support?
I have not the least idea, but I should not have thought my hon. Friend would have any chance to introduce any Bill at all.
Would it not be possible to make some arrangement by which an elector who has left the area in which he has been living could apply for transference of his registration to his own home?
That has been considered, but the business of giving large numbers of electors an option as to where they are going to vote, opens up possibilities of abuse.
Is it not possible that the May register will not be required at all, and that it is the October register which will be required?
That question should be addressed to the Prime Minister.
Hospital Patients
asked the Secretary of State for the Home Department whether he has given consideration to the position of patients in hospitals, especially ex-Servicemen, who are unable to vote by proxy at any election; and whether arrangements will be considered to enable such patients to vote by proxy in any contest for the district in which they normally reside.
All hospital patients in this country who are on the Service Register are entitled to appoint a proxy or to apply to vote by post in respect of the constituency containing the address to which they have declared. As regards civilians who are physically incapacitated, I would refer my hon. and gallant Friend to the reply given on the 1st March to my hon. and gallant Friend the Member for the Hartlepools (Colonel Green well).
Is my right hon. Friend aware that many ex-Servicemen, who are no longer on the register, are detained in hospital on account of injury or disability, and that under present conditions they have no chance of voting by proxy?
That point, as I said to the hon. and gallant Member for The Hartlepools (Colonel Greenwell), is under consideration, and while I cannot be sure, I hope it will be possible to cover it by legislation.
Omissions
asked the Secretary of State for the Home Department whether, in view of the large numbers of people long resident in the Chelmsford division who found that their names had been omitted from the register, he will consider the advisability, either by Bill or regulation, of extending the time during which such people can have their names placed either on the original or on a supplementary register.
As the hon. and gallant Member is aware, the register of electors has been prepared from information furnished by national registration offices. In an electorate of about 30,000,000, it is inevitable that there should be some omissions from the register, and I have been informed that some persons were, for this reason, unable to vote in Chelmsford, but I have at present no reason for supposing that the number of omissions generally is sufficient to justify the special steps proposed. I am, however, considering whether any steps can be taken to remedy defects in the May register.
Is my right hon. Friend aware that the figure is something near five per cent., and that does represent a very serious omission?
I agree that it would, but the information I have, does not bear that out. If my hon. and gallant Friend would like me to have further particulars and concrete evidence, I will be glad to look at them.
Is the right hon. Gentleman aware that the result of the Chelmsford by-election was most unsatisfactory?
Is the right hon. Gentleman aware that at the next election, thousands of electors all over England will not be on the register for the neighbourhood in which they are living at the time?
Will the right hon. Gentleman consult the registration officers in the recent by-elections? It really is a very serious state of affairs.
I freely admit—I open my heart to the House—that the registration business is by no means perfect. As time goes on it will be better, but in the meantime it is bound to be imperfect, and I can only crave mercy from hon. Members.
Had not the right hon. Gentleman better put off the election, if he has not got a proper register?
Questions
Road Traffic Act (Missing Bicycles)
asked the Secretary of State for the Home Department whether he has considered resolutions from the Northamptonshire, Leicestershire and Rutland County Councils urging that Section 28 of the Road Traffic Act, 1939, be amended so as to make it an offence to take away a bicycle without the owner's consent; and what action he proposes to take.
I have considered the resolutions to which my hon. Friend refers. The information which is at present before me shows, however, that the main difficulty experienced by the police in dealing with this mischief does not arise from any difficulty in supporting a charge of larceny, but is the practical one of identifying and recovering a bicycle which is reported as missing. I understood that there are comparatively few cases in which a charge of taking and using a bicycle without the owner's consent could usefully be preferred as an alternative to a charge of larceny. I appreciate, however, that there are arguments for bringing the law with regard to the misappropriation of bicycles into line with the law with regard to the misappropriation of motor vehicles, and the point will be borne in mind when legislation to amend the Road Traffic Acts is under consideration.
In view of the necessity of making an alteration of the law speedily, would the right hon. Gentleman consider making one final regulation?
I should not have thought that this could be dealt with by regulation, because regulations have to be re- lated, in some way, to the prosecution of the war and, as the hon. Member knows, I am very anxious not to abuse my powers.
Victory Celebrations
Hotels and Dance Halls
asked the Secretary of State for the Home Department whether he will circularise licensing authorities with a view to ensuring that hotels and dance halls in seaside and other holiday resorts shall have extended licences during the Victory celebrations period, in order that workers who are precluded from leaving their posts on V-Day may equally obtain a Victory holiday.
If there should be unconditional surrender by the enemy, it is proposed that the day on which the announcement is made and the following day shall be public holidays, and the circular sent by the Home Office to local authorities and licensing justices gives advice as to the granting of extended hours for public dancing and for premises licensed for the sale of intoxicating liquor. It is hoped that so far as practicable compensating holidays will be given to workers in essential services who may have to remain at their work on one or both of these days, but as such compensating holidays will take place at various dates, it is impossible to recommend that licensing authorities shall make special arrangements for these workers. In case the reference to seaside and other holiday resorts suggests that there will be justification for taking extended holidays away from home, let me emphasise what has already been said by my right hon. Friend the Prime Minister, that the end of warfare in Europe will not be an end of the struggle and that there must be no relaxation of the national effort until the war in the Far East has been won.
Is it not true that the dances where people enjoy themselves most, and dance most, are those where there is no drink?
Could my right hon. Friend use his great influence with the Noble Lady, on this occasion, to have just one drink?
Sometimes I am tempted—
Order.
Aged People and Widows
asked the Minister of Health whether he is prepared to give some special allowance to enable the aged people and widows to celebrate VE-Day with other workers who are to have holidays with pay.
As regards persons in receipt of public assistance, I do not propose to issue any directions in this matter to the public assistance authorities. In so far as my hon. Friend's Question relates to other types of cases, the matter is one for my right hon. Friend the Minister of National Insurance.
Questions
Prison Statistics
asked the Secretary of State for the Home Department the num-
— Cardiff. Wormwood Scrubs. Wandsworth. Number of prisoners in custody … Men … 212 991 1,116 Women 104 — — Total … … 316 991 1,116 Number of uniformed staff employed:— Chief Officers … … … … … 1 4 2 Matron … … … … … … 1 — — Principal Officers—Men … … … 2 11 15 Women … … … 1 — — Nursing Sisters … … … … 1 5 — Officers, etc.—Men … … … … 26 102 97 Women … … … 8 — — Total … … 40 122 114 Number of reports against prisoners in the 12 months ended 31st December, 1944:— Men … 229 426 728 Women 43 — — Number of reports against officers in the 12 months ended 31st December, 1944:— Men … 18 (8) 82 (61) 43 (35) Women 17 (12) — — (The figures in brackets are the numbers of officers reported for being late for duty and are included in the total numbers.)
The normal retiring age in the Prison Service is 55, but as from April, 1942, as a war measure, this was extended to 60, subject to health and efficiency.
— Superannuated. Dismissed. Cardiff … … … … … … 1 Matron (age 59). 1 Officer. Wormwood Scrubs … … … … 4 (3 between 55 and 60 and 1 under 55). 1 Officer. Wandsworth … … … … … 3 (2 between 55 and 60 and 1 under 55). 1 Officer. Of the 8 Officers superannuated 7 were on health grounds and 1 on account of loss of efficiency.
ber of prisoners and staff at Cardiff, Wormwood Scrubs and Wandsworth Prisons on 1st April, 1945; the number of reports for misconduct against prisoners in these establishments in the previous year; the number of reports for misconduct against the members of the staffs concerned; and the number of officers employed at these establishments who have been dismissed or forced to retire before the war-time retiring age.
As the answer involves a table of figures, I will circulate it in the OFFICIAL REPORT.
Following is the table:
The numbers of prisoners and uniformed staff at the respective prisons on 1st April, 1945, were:
The number of officers superannuated and the number dismissed since April, 1942, is:
Civil Defence
Air-raid Wardens, London
asked the Secretary of State for the Home Department how many whole-time wardens there were in the County of London on 1st April, 1942, and the number on 1st April, 1945.
The number of whole-time wardens in the County of London was 9,297 at 1st April, 1942, and 2,895 at 1st April, 1945. These totals do not include the corresponding figures for the City of London which were 114 and 56.
Do I take it that those 2,000-odd are now being stood down?
Yes, Sir, they are in process of being stood down.
Organisation
asked the Secretary of State for the Home Department whether any decision has been come to regarding the organisation of Civil Defence in peace time; and whether he can make any statement on this subject.
The organisation of the Civil Defence services in war has fallen in a large measure on local authorities, and before I can reach even provisional conclusions on the post-war arrangements, I must discuss the considerations involved with representatives of those authorities.
Has any decision been arrived at regarding the future organisation, in peace time, of Civil Defence? I do not think my right hon. Friend has answered that question.
The answer is very simple. It is in the negative. We, thought it would be right, before we came to any conclusions, to consult the local authorities.
asked the Secretary of State for the Home Department what is the cost of the maintenance of the regional organisation for Civil Defence; to what extent their continued maintenance is necessary under present conditions; and whether they will be closed down at the earliest possible moment.
The present cost of the Home Security regional organisation is £797,427 of which £722,427 represents salaries and £75,000 travelling. After the 2nd May, the appointed day for the stand-down of the Civil Defence Services, Regional staffs are being reduced by at least 60 per cent. with consequent reductions in cost. In view of the time and labour involved, however, I do not feel justified in ascertaining the exact reduction in cost. The process of standing down the Civil Defence Services and of bringing to an end the functions and duties of the regional offices throws on the regional organisation a considerable amount of work which is obviously more easily handled by outposted officers of the Ministry than by correspondence between the authorities concerned and Whitehall. The answer to the third part of the Question is "Yes, Sir."
Is my right hon. Friend aware that these regional organisations are now no more than post-offices, through which letters to and from his Ministry pass; and would it not be a very good thing if direct contact between the scheme-making authority and the Ministry were resumed at the earliest possible date?
I could not disagree more with my hon. and gallant Friend. I know his view is that all would be well if everything were handed over to the Hampshire County Council.
Withdraw.
It is as good as the London County Council, anyhow.
I know that is the hon. Member's view, but if this sort of business, involving a mass of detail in demobilising these services, is to be handled between the local authorities and a congested Whitehall, we shall get slowness in the process.
Questions
Children (Harvesting Work)
asked the Secretary of State for the Home Department, what steps he proposes to take to safeguard children employed in agriculture in the present emergency.
Much consideration has been given by the Home Office, the Ministry of Education and the Ministry of Agriculture to this matter, and various statutory safeguards are embodied in Defence Regulations made in 1942 and 1944. I am sending the Noble Lady copies of these regulations.
Will the right hon. Gentleman bear in mind that, in spite of the regulations, the sanitary arrangements are appalling and the feeding very bad; and does he not think he ought to see that the regulations are carried out, as he is going to ask thousands of children to work this summer?
If the Noble Lady can let me have particulars of any cases she has in mind, I will see that the proper Department looks into it.
Members of Parliament (Visits to France and Belgium)
asked the Secretary of State for the Home Department whether the facilities available to Members of Parliament to visit France can be extended to Belgium.
Yes, Sir. It has been decided that Members who are successful in the ballot, may be granted exit permits for Belgium or for France or for both countries, as they prefer. I have been asked to repeat the warning that accommodation in Brussels is very difficult to obtain, and Members will be well advised to arrange for lodging through their friends before commencing their journey.
Will Members be called upon to pay their own expenses?
In order to avoid giving the impression that there has been any favouritism, will the right hon. Gentleman make it clear that not only Service Members of the House, but civilian Members who, like myself, perform certain functions for the Government and who go abroad in the course of those functions, are not bound by the regulations?
Members travelling abroad on duties which are regarded as being in the national interest will be considered independently of these proposals.
New Constituencies (Boundaries)
asked the Secretary of State for the Home Department when the Order creating the new constituencies in Middlesex will be made.
It is intended at an early date to lay before Parliament the Report of the Boundary Commission, and the draft of an Order in Council, giving effect thereto. If Parliament approves the draft Order it will then be laid before His Majesty in Council.
Would not my right hon. Friend agree, in view of the statement that appeared yesterday that before long there may be a General Election, that time is getting very short?
There are all sorts of difficulties as between getting things ready and the date of the General Election, and I cannot fully answer because I do not know the date.
In view of the number of constituencies involved under the reorganisation scheme, cannot my right hon. Friend give some indication of when the regulations will be laid?
I have done my best in the matter, and I am told that the Report is now being printed. This is primarily a matter of printing, and it is difficult for me to be precise. I should think, however, that both documents will be ready for laying at any rate before Whitsuntide.
Is it intended to lay one draft Order in Council covering all the redistributions, or will there be an Order for each separate redistribution?
It is intended to lay before Parliament the Report of the Boundary Commission and the draft Order giving effect thereto, and it will cover the whole of the recommendations.
Will it be possible for each constituency concerned to be told informally what is to happen in their respective areas?
The people in the constituencies concerned were parties to the discussions, and they probably know a good deal. I imagine that they are not ignorant of what is going on. We will, however, lay the Order as early as possible, for I appreciate that it will be for the convenience of the House and the political parties.
Would it not be possible to provide a draft Order for each constituency which is redistributed? Otherwise it would be inconvenient for the House to have to disagree with the whole of the Regulations, in order to call attention to one anomaly in a particular constituency.
I think it will be more convenient if they are comprised in one Order as a whole. They will be specified in the Order, and I should have thought that it was more convenient and expeditious for the Order to be in that form.
Of course it will be more expeditious; it would be more expeditious if there were no Parliamentary say in the matter, but should not the House be given an opportunity of considering the draft Regulations singly? If there is no controversy about most of them, they will go through without trouble.
I will keep that point in mind, but, as far as I know, there is no great controversy about them.
May they be presented separately on the same day, so that each can be amended if necessary?
I will go into that point. The difficulty is that we are fighting against time, and I am not sure that I can break them up at this stage.
Food Regulations (Prosecutions, Blackpool)
asked the Secretary of State for the Home Department whether he is aware that nearly 30 caterers in Blackpool have been prosecuted, convicted and fined for alleged food offences, which it is now known do not exist in fact or in law; what steps he proposes to take to direct the expungement of the prosecutions, the return of the fines and costs and the correction of the appropriate records; and whether he will ensure that appropriate trade and local publicity will be given to the correction of these errors so that the exoneration of those concerned may be complete.
My attention has been called to the cases to which my hon. and gallant Friend refers, and I have suggested to the Justices that in the circumstances the proceedings in question should be regarded as a nullity, that the amount of the fines, if they have been paid, should be returned to the defendants, and that an appropriate entry should be made in the court records. I will call the attention of my right hon. and gallant Friend, the Minister of Food, to the suggestion made in the last part of the Question.
Can my right hon. Friend say whether the costs will be returned as well? Is he aware that the present multiplicity of Regulations is causing great confusion throughout the country, and that similar mistakes have occurred in other places?
None have come to my attention. As regards costs, the matter is complicated because there were some other charges which were properly sustained in some of the cases. It would be best if my hon. and gallant Friend raised the question with the Minister of Food.
Civilian War Casualties (Estimates)
asked the Secretary of State for the Home Department, whether the actual civilian casualties caused by enemy action in this country exceeded or did not reach the expected casualties for which His Majesty's Government made preparation; and whether he can give any figures.
Before war broke out, there was little evidence on which to base estimates of casualties. Various provisional estimates were made, but they were changed from time to time and no proper comparison can be made between them and the actual figures. It is, however, safe to say that casualties have fortunately been less than was generally expected.
Spiritualist Mediums (Prosecutions)
asked the Secretary of State for the Home Department whether he will introduce legislation to amend the law relating to the activities of spiritualist mediums; and whether he will make a statement as to the present position of mediums under the existing law and as to the considerations which should guide the police in taking prosecutions under this law.
I am afraid that legislation on this controversial subject is out of the question at present. While some people might press for more latitude to those who offer to exhibit spiritualistic phenomena, other people might well advocate tighter restrictions over such activities, which are, of course, capable of being used fraudulently for the purpose of obtaining money. I have no doubt that those who genuinely believe in the existence of mediumistic powers are in complete agreement with the policy of punishing such fraudulent practices under the criminal law. The relevant provisions of the law are contained in Section 4 of the Vagrancy Act, 1824, and in the Witchcraft Act, 1735. While I have no power to determine questions of law, I am advised that the provisions of the Witchcraft Act—which abolished proceedings "for witchcraft, sorcery, inchantment or conjuration" and substituted a provision penalising fraudulent pretences to the exercise or use of such arts or powers—make it quite clear that the mischief aimed at by the Statute is imposture or fraud. The same is true of the Vagrancy Act, 1824, except in so far as it relates to fortune telling. The police have been advised by the Home Office that, having regard to the statutory provisions, proceedings should be instituted only against persons whose activities have been the subject of complaint by members of the public, and where there is sufficient evidence that the person is an imposter and is taking money or other valuable consideration. I hope that this answer will help to remove any misapprehensions which may at present exist as to the mischief aimed at by the existing law, which, as I have said, is aimed at imposture or fraud.
Is the right hon. Gentleman aware that his answer will give a deal of satisfaction to thousands of people in this country who are very sincere in their beliefs? It is all right for certain hon. Members of this House to laugh, but they do not know much about the philosophy of spiritualism. I am very happy to have heard the statement of the right hon. Gentleman and it will give a good deal of satisfaction—
Speech.
Mr. Speaker, may I ask this question—
Order.
Surely all hon. Members of this House, including the Home Secretary, believe in religious freedom, which is one of the four points of the Charter.
If the right hon. Gentleman amends the law will he give hon. Members an opportunity of witnessing a spiritualistic seance?
Does the right hon. Gentleman realise that under existing law it is criminal to undertake a seance? The mere fact of engaging in any exhibition of spiritualistic phenomena is illegal under the existing law, and that is what the spiritualists object to.
With great respect to my hon. Friend, I know that has been argued, but I am advised that it is not so. In fact, the view expressed in my answer as to the law was reached after consideration of the relevant judgments of the courts. The Lord Chancellor, who is no mean lawyer, has written a letter to Lord Dowding expressing similar views as to the effect of the existing law, and it is understood that this letter was published in a public document.
Is the right hon. Gentleman aware that there is a recent decision of the Court of Criminal Appeal which is in conflict with the legal interpretation which he has given, and that there is a British subject now serving a term of imprisonment as a result of that interpretation? I would like to ask the right hon. Gentleman whether, in the advice which is given to the police, they are advised in any prosecution not to rely on anything but proved allegations of fraud.
The police have been advised in accordance with what I have said, which approximates fairly closely to what my hon. Friend has said. I know there is dispute, and that it has been argued that the courts have decided in a sense contrary to what I have said. On the other hand, I am advised that that is not so. Of course, lawyers take different views; it is too much to expect lawyers to agree on any point of law. If they did, the courts of law and the legal profession would go out of business.
Is not ambiguous law the worst kind of law; and if there is any dubiety about this matter ought it not to be put right by fresh legislation, so that citizens may know what their rights are under the law?
That is a perfectly fair point, but I am advised there is no dubiety about the law.
Poles (British Nationality)
asked the Secretary of State for the Home Department how many Poles have taken advantage of the British offer of British nationality; and how many Jews are among them.
No statement has yet been made as to the method of implementing the offer of British nationality to members of the Polish Forces who fought with us and may be unable or unwilling to return to Poland. It is possible that legislation may be required to give effect to the offer, but any forecast of the precise method to be adopted would be premature at the present stage. The steps to be taken can only be settled when more is known as to the size and nature of the problem which may arise in future circumstances.
Have His Majesty's Government also considered the just claims of people of foreign nationality who have served, generally with distinction, in the ranks of the Armed Forces of the Crown?
I answered a question on that subject some time ago. The statement which was made by the Prime Minister on the matter arose specifically in relation to Polish Forces, and resulted from the proceedings at the Crimea Conference.
With reference to the latter part of the Question on the Paper, can my right hon. Friend say that in considering any such application there will be no kind of racial or religious discrimination?
My hon. Friend may be quite sure of that.
Education
Independent Schools (Increased Fees)
asked the Minister of Education whether he is aware that many private and independent schools are raising fees and that many parents cannot afford the added cost and yet cannot place their children in county schools, which do not charge fees, because of lack of accommodation; and whether he proposes to take any action in the matter.
The evidence in my possession does not give me the same impression of difficulty as that to which my right hon. Friend refers. If the accommodation in a county school is insufficient, the problem of how to increase it is one for the consideration of the local education authority concerned. Where necessary, I am prepared to consider proposals from authorities to provide temporary accommodation.
Will the right hon. Gentleman use his influence in the meantime, and while there is a shortage of school places, to discourage the raising of fees until the necessary accommodation is available?
Emergency Training. Colleges
asked the Minister of Education how many buildings, so far, have been procured for use as emergency training colleges.
Three buildings have so far been occupied for the purpose of emergency training colleges. Negotiations are in progress with the object of making provision in the autumn for all the suitable candidates who have already applied.
Maintained and Direct-Grant Grammar Schools
42 and 43.
asked the Minister of Education (1) why, under paragraph 20 of the Draft Statutory Rules and Orders, a distinction is made between maintained grammar schools and direct-grant schools in the matter of school holidays;
(2) why direct-grant schools are to be treated differently from maintained grammar schools in that the former may pay salaries above the Burnham scale.
In the case of direct grant grammar schools the grant from public funds payable to the school represents only a proportion of the total expenses of maintaining the school. It is accordingly reasonable to allow a wider discretion to the governors in such matters as teachers' salaries and school holidays than is appropriate in schools entirely maintained out of public funds.
Is the Minister aware that there is very great concern in the country about this matter?
No, Sir.
asked the Minister of Education how he proposes to ensure that preference in admission to residuary places in direct-grant grammar schools is given to pupils in accordance with their ability and aptitude.
As one of the conditions of recognition, the governors of a direct grant grammar school are required to make adequate arrangements for ensuring that preference in admission is given to candidates who are considered, on the ground of their abilities and aptitudes, likely to profit most by the education in the school. Such arrangements will normally take into account school records and reports, educational qualifications, and the period for which particular pupils may be expected to remain at school. My department has means, through His Majesty's Inspectors and otherwise, of satisfying itself that the conditions of recognition in the case of grant aided schools are properly observed.
Questions
Compulsory National Service
asked the Prime Minister whether, in the interests of the future security of this country, and in order to implement any commitments necessary for the establishment of world peace, he will announce a decision on compulsory national service before a dissolution.
I have been asked to reply. My right hon. Friend the Prime Minister has no statement to make about this subject to-day.
Does not the Minister think that it would be in the best interests of the nation, if the question of compulsory national service were kept outside party politics?
As my right hon. Friend has no statement to make, it would be quite out of place for me to attempt one.
Before making such a statement, will the Government come to this House with detailed information as to the number of men they will require for the Fighting Services in order to meet our commitments, so that this House and the country can make up their minds on this question?
No doubt that is a point which will be kept in view.
China (Allied Powers' Attitude)
asked the Prime Minister whether the United States, Russia and Great Britain have reached an agreement respecting the future of China.
I have been asked to reply. I presume my hon. Friend is referring to Press reports arising out of a statement made recently at a Press conference by General Hurley, United States Ambassador to China, who has just returned to Chungking from the United States after visiting London and Moscow. According to a report received by His Majesty's Government General Hurley stated, as a deduction from his conversations in the three capitals, that the leaders of the three nations are unanimous in endorsing China's aspirations to build up a united, free and democratic country, and are anxious for China to work out her destiny in her own way. As previous pronouncements by His Majesty's Government will have shown, their attitude was correctly reflected in this statement.
Agriculture
Seed Potatoes
asked the Minister of Agriculture what steps he is taking to encourage the production of seed potatoes in England in view of the insufficient supply of Scotch seed potatoes.
The shorter supply of Scotch seed potatoes this season, which was caused by unfavourable weather conditions, is being made good by increased supplies from Northern Ireland and by a greater use of English seed.
Is the Minister satisfied that it is merely a seasonal shortage and that the general maintenance of increased food production will not make it necessary to increase the supply of seed potatoes from other areas?
I earnestly hope that next year we shall not have to maintain our existing acreage of potatoes.
Foot-and-Mouth Disease (Swill)
asked the Minister of Agriculture whether any case of foot-and-mouth disease has been traced to swill properly processed by a licensed authority.
No, Sir.
In that case, can the Minister do more to bring home to farmers the danger of using unprocessed swill, and especially swill obtained from foreign meat?
That is a matter on which we are engaged, but it is not only farmers who are at fault. It is also butchers.
Post-War Policy
asked the Minister of Agriculture what stage has been reached in discussions with the National Farmers' Union and other interested bodies on the subject of post war policy for agriculture; and whether he can now announce that policy to the House.
I am not able at present to add to previous statements on the subject of post-war agricultural policy.
Inasmuch as previous statements on this subject have consisted of the two monosyllables "No, Sir," can we hope that the Minister will be able to give us a considered statement on this matter, as there is widespread anxiety in the agricultural community about it?
I tried to meet what I thought was my hon. Friend's wish in this matter, by giving him a polysyllabic reply.
Have the National Farmers' Union yet given my right hon. Friend their final views on post-war policy?
Women's Land Army (Gratuities)
asked the Minister of Agriculture how many petitions and other communications he has received protesting against the decision not to grant gratuities to members of the W.L.A.; if he has considered the petition from West Leyton containing 52 signatures secured from one street; and what answer he has made to this petition.
I have received 236 petitions and other communications in favour of the award of gratuities to members of the Women's Land Army. The number includes the petition referred to by the hon. Member, the receipt of which I have acknowledged.
Is he aware that these are signatures of parents who are tremendously concerned about what they think is the unfair treatment of their daughters, and is he going to take any action about it?
Will the Minister consult his colleagues in the Government, and ask them whether they will give an opportunity for this House to take a free vote on the matter?
That question should be addressed to the Leader of the House.
Housing
Empty Houses
asked the Minister of Health whether he will ascertain and publish the number of empty houses in our chief cities and towns; and the causes which explain why this waste of accommodation is permitted.
I do not consider that the value of this information would justify the work and expense which would be entailed in collecting and collating it.
Is it not highly desirable that Government Departments should be stimulated—if it is possible to stimulate a Government Department—to give up requisitioned property which they now hold and which is often not being used to any good purpose whatsoever?
I can assure my hon. Friend that pressure to release house property, which I think is primarily in his mind, is constant.
Is it not a fact that nine-tenths of the houses which are empty and which are not requisitioned are empty because war damage repairs are not adequate to make them fit for occupation; and will the Minister therefore ginger up the Minister of Works to get on with the job?
Give him the men.
Is the Minister aware that a prolific cause of the large number of empty houses is the failure of the Government to control prices, and that it is more profitable to the owner of a house to keep his house empty waiting for the highest bidder, than to let it for rent?
No.
My hon. Friend is no doubt aware that some weeks or months ago a committee was set up containing Members of this House to consider that very question.
When are they going to report?
I cannot say at present.
Are local authorities still expected to keep houses empty in readiness for bombed-out families?
I answered a similar question about six-months ago, and I then made a statement.
Requisitioned Premises, Bedale
asked the Minister of Health whether he is aware that Fleetham Lodge, Bedale, is being maintained as a sick bay at a cost of approximately £1,500 a year, but the only present occupants, other than staff, are three children; and whether, in view of the changed war situation, and the shortage of accommodation in this area, he will now derequisition this property.
No, Sir. Fleetham Lodge, Bedale, ceased to be in use as a sick bay on 25th April, when it was put on a care and maintenance basis at a fraction of the cost mentioned by my hon. Friend. The derequisitioning of this house would have little effect on the local housing situation and retention for possible use as a children's hostel is not more than a prudent insurance against the risk that such accommodation may still be needed for evacuee children who have no homes to which they can return.
Is my right hon. and learned Friend aware that the view of the local authority in this matter is that further expenditure on this house is quite unjustifiable?
Local authorities cannot form a complete view on these matters. Hostels of this sort are used for children from many local authorities, not one only. I may say that the owner of this house has not asked for it to be derequisitioned.
Furnished Dwellings (Notices to Quit)
asked the Minister of Health whether he is aware that an increasing number of notices to quit are being served on the wives of serving men in occupation of furnished dwellings; and whether he will introduce legislation to restrain owners from ejecting their tenants at short notice.
The reply to the first part of the Question is "Yes, Sir." The Inter-Departmental Committee on Rent Control examined this question, and their Report is now under consideration.
If, after consideration, my right hon. and learned Friend is reluctant to introduce legislation, will he make a public appeal in this matter?
Service and Ex-Servicemen's Families
asked the Minister of Health if he will now authorise local billeting officers to find accommodation for the families of men in the Forces and of ex-Servicemen and not only, as at present, for transferred war workers.
Clerks of local authorities already have power to requisition premises for the families of serving and ex-Servicemen who are inadequately housed. I am considering whether the existing powers should be amended.
Is my right hon. and learned Friend aware that these powers are exercised only in exceptional circumstances? Could not the normal powers used for transferred workers in connection with accommodation, also be applied in the case of ex-Servicemen and their families?
I have told my hon. Friend and the House that I am considering whether the existing powers should be amended.
Flats (Rents)
asked the Minister of Health if he will take steps to prevent the exploitation of tenants of flats whose existing rents are above the limitation im- posed by the Rent Restriction Act and where abnormal increases in rent are demanded on the expiration of existing tenancies; and if any reasonable proportion can be established between the rateable valuation of flats in London and the high rents at which the letting of flats have been exacted.
The Ridley Committee do not recommend extension of the existing limits of control. As regards the second part of the Question, I hardly think that rents could be determined by reference to rateable value, since the law provides that rateable value itself shall be determined by reference to rent.
Has the attention of my right hon. and learned Friend been drawn to cases of persons with fixed incomes, in London, whose leases are about to terminate, of whom enormous sums are asked for renewal of the lease?
Questions
Watling Avenue, Ford (Repair)
asked the Minister of Health why he refused permission to the local authorities concerned to make Watling Avenue, Ford, fit for wheeled traffic.
During the war, air work of this kind has had to be deferred unless deferment was likely to result in grave danger to public health or to life and limb. In this case, as I have informed my hon. and gallant Friend, I am satisfied, after local investigation by one of my inspectors, that conditions do not justify departure from the general rule.
Is my right hon. and learned Friend aware that in the long discussions we have had about this matter, he has finally said that this road lacks the necessary exceptional distinguishing features which would qualify it for repairs? Yet it is in a terrible state. What exactly are the exceptional distinguishing features which roads must have to qualify?
They are those stated in my answer, which was that I have seen reports on a number of roads, and this one is not exceptional. It is not dangerous and there are good footways.
Will my right hon. and learned Friend arrange for one of his inspectors to try to push a perambulator up this road, or, better still, try to do it himself?
Hospital Accommodation, Newcastle-Under-Lyme
asked the Minister of Health whether he has now received the promised Report relating to hospital accommodation in the Newcastle-under-Lyme area; and, if so, what progress has been made in preparing the necessary plans.
No, Sir. The Report is not yet available.
In view of the public dissatisfaction prevailing in Newcastle-under-Lyme about the long delay, will the Minister do something to expedite the matter?
Reports of the surveys are coming in now, and I hope to receive the Report at a fairly early date.
Day Nurseries (Closing)
asked the Minister of Health whether, before day nurseries are closed, the local authorities are given an opportunity to take them over.
Yes, Sir, provided that the conditions on which the land was originally taken over permit the transference, local authorities in their capacity as local education authorities are encouraged to take this opportunity.
Business of the House
May I ask the acting Leader of the House whether he can state the Business for next week?
The Business for next week will be as follows:
Tuesday, 8th May—Committee stage of the Income Tax Bill and of the National Loans Bill; and, if time permits, Committee and remaining stages of the Welsh Church (Burial Grounds) Bill.
Wednesday, 9th May—Report and Third Reading of the Hydro-Electric (Scotland) Bill and of the Town and Country Planning (Scotland) Bill; Second Reading of the Liabilities (War- time Adjustment) (Scotland) Bill [ Lords ] and Committee stage of the necessary Money Resolution. We hope that it will be possible to obtain the Scottish Business by 6.30 p.m. In that case we shall take the Second Reading of the Local Government (Boundary Commission) Bill and the Committee stage of the necessary Money Resolution; and the Third Reading of the National Loans Bill.
Thursday, 10th May—Committee stage of the Family Allowances Bill.
Friday, 11th May—Report and Third Reading of the Water Bill.
May I add, with reference to Business to-day, that we desire to obtain the Report stage of the Budget Resolutions, the Second Reading of the National Loans Bill, and to conclude the Committee stage of the Requisitioned Land and War Works Bill? We feel that we shall be fully occupied to-day with that Business, and, therefore, there will be no further opportunity this week of resuming the Committee stage of the Income Tax Bill.
Will the Chancellor consult the Leader of the House, and tell us when an opportunity will be afforded to debate the Motion standing in my name and the names of about 50 other hon. Members, with regard to land valuation?
[ That no final and satisfactory solution of the problem of town and country planning, of the provision of houses at reason-able rents, and of reform of local taxation can be achieved until a general valuation has been made of the value of land apart from the buildings and improvements upon it and such valuation is made a basis both for public acquisition and local taxation. ]
I am afraid I cannot give my hon. Friend very much comfort. In the present state of Business, there cannot be a very great likelihood of an opportunity.
Does my right hon. Friend realise that the Matter of Complaint referred to the Committee of Privileges on 21st March has not yet been reported to the House? This has entailed the person who has been the subject of this complaint being under suspicion for more than six weeks. Will the Chancellor take steps to expedite the presentation of the Report?
I think that is a matter for the Committee, not for the Leader of the House.
Is it in Order to raise this question at all? If it is, may I be permitted, as a Member of the Committee, to point out that the Committee met immediately, came to a decision, and the sole reason why the Report has not yet appeared has nothing to do with us? It is concerned with the mechanism of printing. It is fair that that should be said.
Is the Prime Minister likely to inform the House which German leaders are still alive, or, if they are dead, how and when they died?
Is it intended to have-an early Debate on the recent increase in coal prices and the condition of the mining industry, in view of the very considerable alarm and resentment in the country?
It has been made clear that it is contemplated that the affairs of the coal industry should be a subject of debate when that can be arranged, but I do not think it can be next week.
Is it not a fact that there will have to be a Fuel Charges Order, which will be debatable, before it can be fully implemented?
There will be an opportunity, at any rate.
Could I ask a question, which I have put several times before to the Leader of the House and to the Prime Minister? When may we have an opportunity to discuss war gratuities?
That subject qualifies for a place, as soon as it can be arranged.
Let it be soon.
In view of the opposition that it has aroused, is it intended to proceed with the Statutory Orders (Special Proceedings) Bill?
Certainly not next week, but we hope to get on with that Measure.
Are we expected to deal with several very important Scottish matters in two hours on Wednesday?
That is a hope; it is not an expectation.
As the Statutory Orders (Special Proceedings) Bill deals entirely with non-party matters relating to procedure on legislation, can it be submitted to a free vote when it comes before the House?
Had not that question better wait until we put the Bill in its place in the order of Business?
Is it the Government's intention that the House shall not sit, in the event of an announcement being made about VE-Day on a Sitting day, or will it continue in session?
Special measures may have to be taken in that event.
National Expenditure
Fourth Report from the Select Committee, brought up and read; to lie upon the Table, and to be printed. [No. 84.]
Bills Reported
MERSEY DOCKS AND HARBOUR BOARD BILL [Lords]
Reported, with Amendments, from the Committee on Unopposed Bills (with Report on the Bill).
Bill, as amended, and Report, to lie upon the Table; Report to be printed.
PONTYPOOL GAS AND WATER BILL [Lords]
Reported, with Amendments, from the Committee on Unopposed Bills (with Report on the Bill).
Bill, as amended, and Report, to lie upon the Table; Report to be printed.
London County Council (Money) Bill
Reported, with Amendments, from the Committee on Unopposed Bills (with Report on the Bill).
Bill, as amended, and Report, to lie upon the Table; Report to be printed.
CAMPS BILL [Lords]
Read the First time; to be read a Second time upon Thursday next.
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).—[ Sir John Anderson. ]
Orders of the Day
Ways and Means
REPORT [24th April]
Resolutions reported:
HOPS, ETC., AND BEER (CUSTOMS)
1. "That the period for which the following duties of customs are chargeable (which expires on the fifteenth day of August, nineteen hundred and forty-five) shall be extended by four years, namely:
( a ) the duties now chargeable by virtue of Sub-section (1) of Section one of the Finance Act, 1941, on hops, hop oil and extracts, essences or other similar preparations made from hops; and
( b ) the additional duty now chargeable in respect of beer by virtue of that Subsection."
SPIRITS (EXCISE)
2. "That no allowance shall be paid—
( a ) under Section three of the Customs and Inland Revenue Act, 1885, in respect of plain British spirits exported from or used in, or spirits in the nature of spirits of wine exported from or used or deposited in, a customs or excise warehouse; or
( b ) under Section six of the Finance Act, 1895, in respect of spirits used for methylation which are removed from a place of methylation and exported; or
( c ) under Section one of the Revenue Act, 1906, in respect of spirits (including methylic alcohol) used by an authorised methylator or received by any person for use in any art or manufacture under Section eight of the Finance Act, 1902; or
( d ) under Section three of the Revenue Act, 1906, in respect of spirits of wine exported direct from the premises of a person licensed to rectify or compound spirits;
and Sub-section (5) of Section forty-six of the Spirits Act, 1880 (which provides for an allowance for wastage of spirits in a distiller's spirit store) shall cease to have effect, and provision shall be made by regulations of the Commissioners of Customs and Excise in lieu of the provisions of Sub-section (1) of Section sixty-six of the Spirits Act, 1880 (which relates to deficiencies occurring in warehouse)."
ENTERTAINMENTS (EXCISE)
3. "That in lieu of the exemption from entertainments duty of entertainments provided for partly educational purposes by a society, institution or committee not conducted or established for profit, there shall be an exemption of entertainments which consist of all or any of the following items, that is to say, the items mentioned in Sub-section (3) of Section one of the Finance Act, 1935, and the exhibition of a cinematograph film, being entertainments provided by a society, institution or committee which is not conducted or established for profit and the aims, objects and activities of "which are partly educational."
MECHANICALLY PROPELLED VEHICLES (CHARGE OF EXCISE DUTY BY REFERENCE TO CYLINDER CAPACITY INSTEAD OF HORSE-POWER).
4. "That—
( a ) the duty of excise in respect of a mechanically propelled vehicle, being a vehicle which derives its motive power wholly from an internal combustion engine worked by a cylinder or cylinders and which is chargeable with such duty under paragraph 6 of the Second Schedule to the Finance Act, 1920, by reference to its horsepower, shall, in the case of such a vehicle registered under the Roads Act, 1920, for the first time on or after such date as may be fixed by order of the Treasury, be charged by reference by the cylinder capacity of the vehicle, calculated in accordance with regulations made by the Minister of War Transport, instead of by reference to its horse-power;
( b ) for the purposes of this Resolution a unit of cylinder capacity shall be one hundred cubic centimetres;
( c ) the duty to be charged in respect of such a vehicle so registered shall be charged at a rate for each unit or part of a unit of cylinder capacity equal to four-fifths of the rate fixed by the said paragraph 6 for each unit or part of a unit of horse-power, so however that, in a case in which duty so charged would be less than duty charged at the rate fixed by the said paragraph 6 for a vehicle not exceeding six horsepower, the rate of the duty in respect of the vehicle shall be the last-mentioned rate;
( d ) it is expedient to extend references to horse-power in the Finance Act, 1920, and other enactments so as to include references to cylinder capacity."
PURCHASE TAX (AMENDMENT AS TO DEFINITION OF CHARGEABLE GOODS BY REFERENCE TO USE OF THE UTILITY MARK)
5. "That the provision made by Section nineteen of the Finance Act, 1942, for authorising the definition of classes of goods for the purposes of certain purchase tax orders under Section twenty of the Finance (No. 2) Act, 1940, by reference to the utility mark mentioned in the said Section nineteen shall be extended so as to apply to other marks the use of which the Board of Trade has power to regulate and to any such orders."
INCOME TAX: CHARGE OF TAX
6. "That—
( a ) income tax for the year 1945–46 shall be charged at the standard rate of ten shillings in the pound, and, in the case of an
( b ) subject to the provisions of Section twenty-six of the Finance Act, 1944, and of any Act of the present Session amending the law relating to income tax, all such enactments as had effect with respect to the income tax charged for the year 1944–45, other than such enactments as by their terms relate only to tax for that year, shall have effect with respect to the income tax charged for the year 1945–46.
And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1913."
HIGHER RATES OF INCOME TAX FOR 1944–45
7. "That income tax for the year 1944–45 shall be charged at rates exceeding the standard rate in the case of individuals whose total incomes exceed two thousand pounds, and those rates shall be rates in the pound which respectively exceed the standard rate for that year by the amounts specified in the second column of the Table in Sub-section (1) of Section seven of the Finance (No. 2) Act, 1940.
And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1913."
CHARGES IN CONNECTION WITH SCHEMES FOR THE RATIONALISATION OF INDUSTRY
8. "That, subject to the provisions of any Act of the present Session making further provision in connection with Finance—
( a ) sums received under schemes certified by the Board of Trade under Section twenty-five of the Finance Act, 1935, shall be treated for the purposes of income tax as if they were trading receipts;
( b ) where any sums received under such a scheme are not so treated, contributions paid under the scheme shall, to a corresponding extent, not be allowed to be deducted under the said Section, and
( c ) where a certificate granted with respect to a scheme under the said Section is cancelled, any funds held for the purposes of the scheme shall be chargeable to income tax."
AGREEMENTS FOR RELIEF FROM DOUBLE TAXATION
9." That where any agreement between His Majesty's Government in the United Kingdom and the Government of any other territory makes provision for granting relief in cases where the same income is chargeable to United Kingdom income tax and to the income tax payable under the laws of that territory—
( a ) effect shall be given to any provision included in the agreement as to the charge of income tax in respect of income arising from sources in the United Kingdom to persons not resident in the United Kingdom, as to
( b ) if the agreement is between His Majesty's Government in the United Kingdom and the Government of a territory which is a Dominion as defined by Section twenty-seven of the Finance Act, 1920, relief shall not be given under that Section in relation to income tax of that Dominion."
EXTENSION OF TIME FOR MAKING ASSESSMENTS IN CERTAIN CASES
10. "That assessments to income tax may be made at any time, if required in consequence of—
( a ) any alteration of the amount which falls to be taken into account in respect of excess profits tax or the national defence contribution in computing the liability of any person to income tax; or
( b ) any determination as to whether any allowance is receivable by any person in respect of exceptional depreciation of buildings, machinery or plant, or as to the amount of any such allowance."
ESTATE DUTY (AGREEMENTS FOR RELIEF FROM DOUBLE DUTY)
11. "That where any agreement between His Majesty's Government in the United Kingdom and the Government of any other territory makes provision for granting relief from double taxation in relation to Estate Duty payable under the laws of the United Kingdom and any duty of a similar character payable under the laws of that territory:
( a ) effect shall be given to any provision included in the agreement relating to the place where any property is to be treated as being situated for Estate Duty purposes; and
( b ) the relief to be given under the agreement shall be in lieu of any relief under Subsection (4) of Section seven of the Finance Act, 1894, or under Section twenty of that Act, as extended by or under any other enactment."
EXCESS PROFITS TAX
12. "That the extent and incidence of Excess Profits Tax (for past and future chargeable accounting periods) shall be varied so as to give effect to:
( a ) amendments of the law relating to the computation of profits;
( b ) amendments of the law relating to the time within which assessments to Excess Profits Tax may be made; and
( c ) amendments of the law relating to relief from double taxation."
NATIONAL DEFENCE CONTRIBUTION
13. "That the extent and incidence of the national defence contribution (for past and future chargeable accounting periods) shall be varied so as to give effect to:
( a ) amendments of the law relating to the computation of profits;
( b ) amendments of the law relating to the time within which assessments to the national defence contribution may be made; and
( c ) amendments of the law relating to relief from double taxation."
First to Sixth Resolutions agreed to.
May I speak on the Income Tax Resolution?
The Resolution has been agreed to.
I was on my feet, Sir, before you put the Question.
I did not notice the hon. Member.
Am I in Order in discussing the Income Tax Resolution?
I am sorry, but the decision has been made. I have collected the voices. The hon. Member did not catch my eye.
Seventh to Thirteenth Resolutions agreed to.
National Debt (Permanent Annual Charge)
Resolution reported:
"That it is expedient to authorise:
( a ) the issue out of the Consolidated Fund of the sum of four hundred and sixty-five million pounds for the permanent annual charge for the National Debt for the current financial year, instead of the sum of three hundred and fifty-five million pounds;
( b ) the provision out of money borrowed for the purpose under the National Loans Act, 1939, instead of out of the permanent annual charge for the National Debt, of the sums required for the current financial year for the purposes mentioned in paragraph ( a ) or paragraph ( b ) of Sub-section (4) of Section twenty-three of the Finance Act, 1928, as amended by any subsequent enactment."
Resolution agreed to.
Ways and Means
REPORT [26th April]
Amendment of Law
Postponed Resolution,
"That it is expedient to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance,"
Further considered, and agreed to.
Bill ordered to be brought in upon the said Resolution and upon the other Resolutions reported from the Committee of Ways and Means and the Resolution reported from the Committee on National Debt (Permanent Annual Charge), and agreed to this day, by the Chairman of Ways and Means, the Chancellor of the Exchequer and Mr. Peake.
Finance Bill,
"to grant certain duties, to alter other duties, and to amend the law relating to the Public Revenue and the National Debt, and to make further provision in connection with Finance"; presented accordingly, and read the First time; to be read a Second time upon Tuesday next, and to be printed. [Bill 49.]
National Loans Bill
Order for Second Reading read.
3.27 p.m.
I beg to move, "That the Bill be now read a Second time."
The first Clause is in the same form as it has been since 1939; and, therefore, I will not waste the time of the House in explaining its provisions. The second Clause is a new Clause. It is to a large extent a corollary of the Local Authorities Loans Act which we recently passed. It removes certain restrictions, at present imposed by Statute, upon the scope of investment in Government securities by the Trustee Savings Banks. The scope for investment by these Banks is limited at present, owing to the canalisation of borrowing by the local authorities through the Local Loans Fund. Therefore, we are modifying the statutory restrictions as to the amount of their Special Investment deposits which Trustee Savings Banks may hold in Government stocks of more than a certain length of maturity, and we are extending the period of years over which such loans may mature. The Clause provides, first, that moneys received for special investment by the Trustee Savings Banks may be used to subscribe to any Government loan which will mature for payment not later than 40 years after the date of the investment—as against 30 years hitherto—and, in the second place, that the proportion which may be invested otherwise than in short-term securities shall be increased from 40 to 50 per cent., provided that the excess above 40 per cent. is due to subscriptions to new war loans.
3.30 p.m.
The right hon. Gentleman has referred, to short-dated securities, and I would ask him to make it clear what is meant by short-dated securities at the present time. Normally a short-dated security would be regarded as one running for about five years, but I think now it is nearer ten years. Could we have some guidance on that point?
I do not want to detain the House now, but I would give the Chancellor of the Exchequer warning that when this Measure comes to be discussed in Committee I and some of my hon. Friends propose to oppose it pretty strongly and to move the Amendments, when we get the opportunity, which are standing in our names.
Can the right hon. Gentleman make clearer to us what is the rate of interest it is intended to pay? I was not quite satisfied by what he said on that point.
3.32 p.m.
In answer to my hon. Friend the Member for Gravesend (Sir I. Albery), the present position is that, under Statute, the amount of Government securities with a currency exceeding three years held by the Special Investments Department of one of these Banks must not exceed 40 per cent. of its Special Investment receipts. We are increasing that 40 per cent. to 50 per cent. as certain of these banks have already reached the 40 per cent. limit. So far as the rate of interest is concerned, I may say that by lengthening the maturity limit from 30 years to 40 years under Clause 2 of the Bill, we shall enable the Trustee Savings Banks to invest in the longest period War Loan which is now on tap, that is, 3 per cent. Savings Bonds, maturing from 1965 to 1975. Under the existing provisions they could not invest in that particular security.
Question put, and agreed to.
Bill accordingly read a Second time.
Bill committed to a Committee of the Whole House for Tuesday next.
Requisitioned Land and War Works Bill
Considered in Committee [ Progress, 2nd May. ]
[Major MILNER in the Chair]
CLAUSE 30.— (Compensation.)
Question again proposed, "That the Clause, as amended, stand part of the Bill."
3.34 p.m.
I have read the proposed new Clause which has been placed on the Order Paper and I think it deals very largely with the point that I tried to make last night, namely, that where the Government continue to hold requisitioned land there is no justification for paying the owner what I would term a "blitz rental." There is one point in the new Clause which I do not quite understand, and I am wondering whether my right hon. Friend can explain to the Committee exactly what was meant in putting it forward. I see it there suggested that any compensation which shall be paid shall be worked out on one or other of two bases: either on the rent payable on that land in March, 1939, or, alternatively, on the level of rental values obtaining in respect of comparable land on the appointed day; and the Government, as usual, want to make the best of both worlds and pay the lesser of those two values. I imagine that the greater part of the land which is affected or likely to be affected would not be subject to any of the Rent Restriction Acts, and therefore I do not see the justification for the Government paying less than what is the rental of adjoining or, as it is called, comparable land round about the appointed day. Perhaps my right hon. Friend would explain exactly why the Government should take the lesser of those two values. I need hardly remind him that the Rent Restriction Acts, which may be at the back of his mind in this matter, were not meant to be applied in the case of the Government. There is a rental limit above which they do not apply, and certainly they are not meant to apply when the tenant is the State as opposed to a person of low means.
The point that my hon. and gallant Friend has raised involves the whole question of the 1939 basis of value. The effect of this Clause is to provide that where the provision at the time of the original requisitioning of the land that the rental should be the 1939 value or the current rental at the date of that first requisitioning, whichever might be the lower, would operate to the disadvantage of the owner, the new Clause regards the extension of the requisition as a new transaction and the basis would be the 1939 value or the rental value at the date of the assumed new requisition, whichever is the lower. That is to say, the Bill accepts the principles which underlie the provisions of the Compensation (Defence) Act as regards the basis of compensation, and to meet unfairness which might result from extending automatically into the further period of requisition now contemplated the old basis, which was valid at the date of first requisition, we now take a new basis reached by assuming the land to be freshly requisitioned as at a current date.
Assuming the Government would de-requisition this property directly the war is over, presumably the owner would then be in a position to obtain fox it such rent as would be current for that type of property in that area at that time. Why should the Government, merely because they want to continue with the requisitioning, deny to the owner that same right of getting that rent?
I sought to meet that argument when I said, at the outset, that my hon. and gallant Friend's speech raised the whole question of the 1939 basis. It is the position, which has been accepted by Parliament, that the 1939 value should be regarded as imposing a ceiling in the case where land is acquired or requisitioned. Therefore, treating this transaction as a new transaction, which seems to the Government to be entirely reasonable, we cannot, incidentally as it were, throw over the general basis of compensation, which is the 1939 value or current value whichever is the lower.
I want to support my hon. and gallant Friend the Member for Hornsey (Captain Gammans). I really cannot see the fairness of dealing with the matter in this way. Why should the principles of the Compensation (Defence) Act, 1939, necessarily be imported into what is to be regarded as a new period of requisitioning? If there is to be a ceiling why should it be the 1939 ceiling? Why not the 1945 ceiling? I should have thought that instead of the words "whichever is the lower" it ought to read "whichever is the higher." The owners of this land, the requisitioning of which is to be continued for perhaps a further two years, are signally unfortunate, and I cannot see why they should be treated on exactly the same basis during the extended period as they have been treated during the war. My right hon. Friend really ought not to dismiss this quite so easily. I feel that injustice is being done. It is not sufficient to say that we must carry on the principle embodied in the Compensation (Defence) Act, involving the 1939 ceiling. This should be looked upon as a fresh transaction and treated upon new principles. I hope that my right hon. Friend will give this matter further thought, because I do not think that what is being done is fair.
We appear to be discussing what is contained in one of the Government's new Clauses on the question that this Clause 30 stand part of the Bill. I do not know whether it would not be more convenient to address these arguments to the Government when they move their new Clause. I think there are two points to be made. First, in the new Clause the appointed day is to be a selected date in the war period and not necessarily the time when the Government continue the requisitioning of a property. It may well be that continuance of the requisitioning starts at the end of the war period, when the value of the property is higher, and that would cause some injustice. The other point is that which was put so ably by my hon. and gallant Friend the Member for Hornsey (Captain Gammans). Why is it that these new requisitionings should be linked up with the original Compensation (Defence) Act, 1939? Let me put the picture as it was put by my hon. Friend the Member for Scarborough and Whitby (Mr. Spearman) regarding boarding houses in Whitby. Some have been de-requisitioned and they get the profits to be obtained from the letting of lodgings at Whitby, but, in other cases, the Government continue the requisitioning. Why is it that those who have the misfortune to have their premises still under requisition are to get a payment not at all related to the compensation at the date of the continuance of requisitioning? I do not want to deal further with this argument, because probably it will be more convenient to do so on the new Clause, but I thought those two points might be put now.
A new Clause was put on the Order Paper in order to meet a substantial point which was raised in the Amendment of my hon. and gallant Friend the Member for Hornsey (Captain Gammans). If he will look at his Amendment, and if the hon. Member for Thirsk and Malton (Mr. Turton) will also look at it, they will see that that Amendment was designed to provide that, where the powers conferred by this Part of the Act are exercised, Section (2) of the Compensation (Defence) Act, 1939, shall have effect as if a new period of requisition had begun at the end of the war period. That is to say, my hon. and gallant Friend's Amendment suggested that there should be deemed to be a new requisitioning where the Government held a property under Part VI of the Bill, but that it should be a new requisitioning to which, for the purposes of compensation, Section (2) of the Compensation (Defence) Act, 1939, would apply. The Compensation (Defence) Act contains the 1939 ceiling which has been referred to; what we have done, therefore, in our new Clause is to adopt the precise suggestion of my hon. and gallant Friend the Member for Hornsey, and to deem a new requisitioning to start from the appointed day, with a new assessment of rent in respect of the requisitioning under the Compensation (Defence) Act. So we are meeting precisely the point raised by the Amendment, and I suggest to the Committee that it would be quite illogical for the Government, having adopted, after a great deal of discussion in and out of this House, the 1939 ceiling in respect of compulsory purchase, to abandon the 1939 ceiling where cases of requisition are concerned. However, if my hon. Friends wish to carry the matter further, of course they can make their points when the new Clause is moved.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 31 ordered to stand part of the Bill.
CLAUSE 32.— (Modifications of Defence Acts in relation to acquisitions not by virtue of Part II.)
3.45 p.m.
Motion made, and Question proposed, "That the Clause stand part of the Bill."
On a point of Order. Is it intended, Major Milner, to call the Amendment standing in my name and that of the hon. Member for Southampton (Dr. Russell Thomas)?
That Amendment has not been selected. It does not raise a new point.
The point that we want to safeguard is that there should be no misuse of the extension of powers given to the Defence Acts by this Clause. It is conceivable that, using this Clause and the preceding one, the Defence Departments could continue in occupation of certain requisitioned property, or purchase certain requisitioned property, without using the procedure of this Bill. My hon. Friends and I thought it desirable that we should secure if possible that that should not be done except in a case where the Minister exercising that power gave a certificate that he was doing so in the interests of national security. Nobody will try to hamper a Defence Minister, or any other Minister, in doing what is proper for war purposes, but it would be most improper if, under the additional and extended power given by these two Clauses, Ministers were to use the Defence Act for the acquisition of land, or easements, or property, dealt with by this Act, where, as the Committee will realise, the person from whom the land is to be taken has got the safeguard of the Commission. It does appear that this is not watertight.
I have, on previous occasions, expressed the fear that, with regard to aerodromes, and easements over aerodromes, Government Departments may avail themselves of the Defence Acts, by reason of certain powers in previous Acts of Parliament, rather than use this Measure. After a good many days in Committee, we have reached general agreement on many of the safeguarding provisions of this Bill. We have got provisions which we all hope will be a safeguard to the subject; so much so, that we believe those provisions should not be overridden. We think that, when the war is over, and the Secretary of State for Air, or, it may be, the Minister for Civil Aviation is dealing with land for the purpose of an aerodrome which is not going to be used for the defence of this country, he might do so under the Defence Act and not by using this Measure. In that case, the interests of agriculture would be adversely affected. It is a matter of considerable moment to the agricultural industry, and I ask the Government to think over this matter between now and the Report stage. It may be that the Amendment in my name which has not been selected, would not meet the case, but it is an entirely new point, and I hope there will be a substantial interval between the Committee and Report stages, in which the Government may examine the problem exhaustively.
I am sure my right hon. Friend will consider what my hon. Friend has said. I am sure also that my hon. Friend will consider what I am now going to say, because I do not quite follow his argument in relation to this Clause. He is, I think, concerned with Sub-section (1). What Sub-section (1) does is to extend the powers under the Defence Acts to include the purchase of easements for the acquisition of rights which restrict the use of land. At present under the Defence Acts, you cannot secure rights such as these. It is reasonable that such rights should exist, and, indeed, in many cases, it might avoid the necessity of purchasing land, because the Defence Department would get what it wanted by getting the restrictive right. For instance, on land in the immediate vicinity of a defence aerodrome, it may be necessary to restrict the right of building construction or growing trees. If you wanted to be sure of that, you would have to buy. This gives power, not to buy, but restrict its use in a way which would be consistent with the defence purpose. Though, under this Sub-section, it is restricted to two years, it might well be reasonable as a permanent provision. That is what the Sub-section does. I wanted to put that point to my hon. Friend. No doubt, if he has any further observations to make between now and the Report stage, my right hon. Friend would be glad to consider them.
May I say that we had appreciated that point? I think that I can say without fear that if, by using Sub-section (1), any Defence Department, having power under the Defence Acts, and by the additional power under this Act, takes an easement, it may prevent them, at the end of the two-year period, from using this Measure for the acquisition of the land, and thereby the interests of agriculture would not be represented before the Commission. Under the Sub-section, we are really giving the Defence Ministers greater facility, and that is why we wished to put in a saving provision that these facilities should apply only for defence purposes, under a certificate during the two-year period, and should proceed always under this Measure rather than under the Defence Acts.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
CLAUSE 33.— (Power to acquire particular levels only and reversionary interests.)
I beg to move, in page 24, line 38, at end, insert:
"Provided that the powers conferred by this Sub-section shall not be exercisable in relation to any minerals which are ordinarily worked from the surface or any minerals which can only be removed by working from the surface."
Under Sub-section (1) of this Clause, a Minister may acquire surface land without the minerals underneath it. We understand the object of that, and there seems to be no objection to it, with this exception, that, where there are minerals which can only be worked from the surface, such as in quarrying, or, particularly, in obtaining gravel from gravel-beds, if these powers were exercised as the Clause stands without the Amendment, the owner might be prevented from winning that mineral if deprived of the control of the surface. I think it is a serious point; the Amendment deals with it quite simply and clearly, and I hope that my right hon. Friend may be able to meet us on it.
I think I can satisfy my hon. Friend on this point. As he knows, the purpose of the Clause really is to avoid unnecessary acquisition. For example, in the case of deep shelters, we do not want to have to buy the extremely valuable buildings on the surface in order to acquire the shelters. I think the point which is worrying my hon. Friend is that, if the Government bought the surface only, they would thereby prejudice the opportunity of the owner of the minerals to exploit them. For example, as my hon. Friend says, there might be gravel-beds lying just under the surface, and the fact that the Government had appropriated the surface of the land would interfere with the working of the gravel. I can assure my hon. Friend that, if such a case arose, the position of the owner of the minerals would be fully safeguarded, because he would get compensation for injurious affection under the Defence Act code, which is applied by this Part of the Bill to the purchase of the surface. I hope that, with that explanation, my hon. Friend will be satisfied.
In view of that explanation, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in page 24, line 39, to leave out Sub-section (2).
The Sub-section says that, where a Minister is in possession of any land under a lease or tenancy, the owner can be made to give it up, if required to do so, under the Defence Acts. That is rather a strong proceeding. You may have a leasehold of land, which, apparently, can be broken, but, if a private individual did a thing like that, it would be illegal. There are, of course, circumstances which would justify a considerable amount of control by the Government, but I think we ought to have some justification for these powers to acquire land taken on a lease, which may interfere with settlements and many other things. We ought to have some explanation of the necessity for this compulsory expropriation of land which has been leased to the Government fairly and squarely, and due consideration should be given to all the implications which may arise in taking over land on leasehold.
I think that my hon. and gallant Friend may not have appreciated fully what this Clause does. It does not entitle the Crown to break a tenancy. What it does entitle them to do is to buy the reversion, and thereby become the full owners of the property, because they would have the lease and the reversionary interest. If the Committee will consider the two cases which I shall put to them, I hope they will come to the conclusion that this is reasonable. The Bill is dealing with cases where war works have been put up at the public expense, and, subject to various conditions and safeguards, it gives to the Crown or the Government, power to acquire that land if it is required for certain purposes. Let us assume that war works are put up on land in which the Crown previously had no interest at all.
On a leasehold?
4.0 p.m.
No, on land in which the Crown had no interest of any kind. It may have been land previously in the occupation of the owner or it may have been leased. There is no doubt at all. It is one of the purposes of the Bill that land can be acquired when the war works fulfil conditions laid down in other provisions of the Bill. There are, however, cases where the Minister is in occupation under a lease—it may not be a long lease—and where war works have been put up which, to take an example, may be required to be used for one of the purposes set out in Clause 5. It would really be absurd if the Crown were not able to acquire that land and property. The only way to acquire the property is by buying the reversion. They have already the right to the property for a limited number of years, and they can only acquire the property by buying the reversion. The purpose of the Clause is to cover the case where works have been put down on the land which was leased to the Crown and the other conditions of the Bill are fulfilled. They can acquire the land by buying the reversion. I hope that with that explanation, my hon. and gallant Friend will be satisfied that this is a reasonable provision.
I cannot say that I am satisfied because the provision can be used very unfairly. I cannot see why there should be compulsory powers when it can properly be done under agreement. I cannot see why the Government could not have acquired the land before. If the position can be lightened in any way, I hope that it will be, and I now beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause ordered to stand part of the Bill.
Clause 34 ordered to stand part of the Bill.
CLAUSE 35.— (Notice to treat to acquire easements or other rights.)
I beg to move, in page 25, line 42, leave out from "and," to end of Clause, and add:
"is advertised in two or more newspapers circulating in the locality."
This Amendment requires that notice to treat shall be advertised in two or more local newspapers. This is common form. There is such a provision in the Standing Orders of this House in respect of Private Bills, and in many public Acts; there is also such a provision in the First Schedule to the Water Bill now before this House. If that is not done, failing the personal service of the notice, how otherwise is a person interested in land which may be adversely affected to know about the notice to treat? He has two alternatives under the Clause. One is to look at the "London Gazette," which is not too easy to get hold of in all districts. The other is to find out what is
"such other manner, as is, in the opinion of the Minister, best adapted for informing persons affected."
How is he to find out what conclusion or opinion the Minister has formed? If he writes to the Minister to find what is the opinion of the Minister, it will take, in the ordinary way, a fortnight to receive an answer and in the meantime they may have gone on without him. I think that this is a reasonable Amendment and I hope that the Government will accept it.
We discussed this question at some length on a previous occasion, and it seemed to me, listening to my hon. Friend, who moved the Amendment, that he was leaving out of account altogether the force of the last two lines of the Clause as it stands. I explained when we were discussing substantially the same question, which arose on Clause 8, that this Bill covers such a wide range of interests in land that it is not convenient that the Government should be tied down to a particular method of publicity, as if that one method and no other method would, in practice, be the most suitable for every type of case. There is nothing in the words of the Clause to prevent publication in newspapers circulating in the area where that is a suitable course, but the Government, apart from publication in the "London Gazette," and apart from what I said on the earlier occasion about communicating particulars of what is proposed to the appropriate local authority, have quite deliberately relied on very general words. I would ask hon. Members not to impute to the Government any intention, desire or purpose of evading the provisions of this Clause by failing to choose deliberately under the particular Clause, the method of publicity which, in all the circumstances, seems best for the purpose that we all have in view, which is, to bring what is proposed effectively to the notice of those persons who may be affected. For that reason I suggest that the Amendment should not be accepted.
This is a little different from the point raised on Clause 8. Here we are dealing with the powers under the Defence Acts and these Acts have gone on for some considerable time. The practice hitherto has been that laid down by Parliament in its Standing Orders, and every Private Bill dealing with water that comes before the Private Bill procedure of this House has this phrase in respect of advertising: "It shall be advertised in two or more newspapers circulating in the locality." It is rather unreasonable for the Chancellor to suggest that we are accusing the Government of evading responsibilities. That is not the intention. When dealing with water we should take the procedure that Parliament has hitherto always laid down. With that mass of precedent behind it no Government Department exercising its powers under the Defence Acts would fail to advertise in two newspapers, but the danger comes when you have a Bill like this giving additional powers.
If we do not put in this hackneyed phrase it will be an invitation for future Governments in future Acts of Parliament to omit that precaution. Those of us who live in rural areas and who are most affected by this question, know that it is through the local newspapers that we learn what is happening and get to know what are the intentions of the Government Department in the district. The "London Gazette" is used for the purpose of the trained expert. As far as the Subsection is concerned, publication in the "London Gazette" would satisfy lawyers and solicitors, but local authorities and local inhabitants and water companies in the past have all been in the habit of looking at their local newspaper every week to see what is to happen. I hope that the Chancellor will reconsider the matter in that light. Let him not think that either my hon. Friends or I have any doubt of the integrity of his intention in this matter, but I ask that these words should be inserted.
I think that hon. Members supporting the Amendment are doing themselves a disservice. I could have understood if they had put in those words and then proceeded to say, "Or in any other such manner as the Minister might find convenient." Actually they are excluding the greater facilities for advising people, and limiting it to newspapers. That might be very restrictive. I do not see any advantage in the Amendment, and I, personally, accept the Chancellor's views as reasonable. As I said yesterday, these Bills are tied up with a number of restrictions. The ordinary member of the public has recourse to his Member of Parliament if he is unfairly treated, and the Member of Parliament would have greater facilities for seeing that justice was done if publication of this matter were not limited to two newspapers.
I hope that the Government will accept the suggestion made by the hon. Member for East Stirling (Mr. Woodburn) and add the words he indicated in addition to the provision about newspapers. When we go home at the end of the week we turn to the local newspaper for the local news. We do not find it in the "London Gazette." Many of us never read it, and if we know of any acquisition of Government land, or that any new waterworks is to be constructed in our little rural area, we turn to the local newspaper for information. It would be unfair to the inhabitants of those rural areas if these, or similar words, were not inserted.
I am much obliged to my hon. Friend the Member for East Stirling (Mr. Woodburn) for pointing out that my Amendment as drawn would exclude
"such other manner, as is, in the opinion of the Minister, best adapted for informing persons affected."
That was an error in drafting the Amendment. I ask the Chancellor whether he will not accept my Amendment in a modified form, leaving in the last two lines of the Clause. This whole Sub-section deals with water, and, as I have already pointed out, we have a very close precedent in the First Schedule to the Water Bill now before the House, which lays down that
"Applicants.… shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected.… a notice stating the general effect of the order."
My right hon. Friend did not refer to that precedent, and I hope that, if he cannot accept my Amendment now, he will look into the matter before the Report stage.
I do not think that it is worth while spending a great deal of time on the point. I was aware of the precedent to which my hon. Friend the Member for Thirsk (Mr. Turton) referred and I still think it would be a great mistake to tie ourselves down too rigidly in a matter of this kind. But I am ready to consider between now and the Report stage putting in words which will give a pointer to publication in a newspaper, where that is the best method of bringing the matter to the notice of those concerned. That can be done by a simple Amendment, and I will consider it.
I am much obliged to my right hon. Friend, and 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."
4.15 p.m.
I should like to ask a question on an Amendment in my name which has not been called—in line 22 to insert "compulsorily." The object of the Amendment, which is probably unnecessary, is to ensure that the Minister has power only of compulsory acquisition, and cannot apply it to anything except compulsory acquisition under the Bill. I am quite sure that is the Chancellor's intention, but I would like to have an assurance.
When I saw the Amendment, I did not follow my hon. and gallant Friend's point. I do not think it would be right to put in the word "compulsorily" here because that might be inconsistent with Clause 7 and 32. Of course it refers to compulsory powers, of acquisition, I think that is clear, but I will certainly look into the drafting in view of what my hon. and gallant Friend has said.
It applies only to the compulsory powers?
Yes, Sir.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
CLAUSE 36.— (Method of compulsory acquisition of easements and rights.)
I beg to move, in page 26, line 3, at end, insert:
I do not know whether there is any precedent for the creation of such drastic power but we symapthise with the desire of the Government to be able to get on quickly in this matter, and therefore we devised this Amendment which will give some protection to the absent owner. It must be remembered in this case that the absent owner will, in the majority of cases, be absent because he has been sent abroad by the Government to take part in the war. It is not a case of an absentee landlord, not a case of some person idling away his time in some other country than this, it is the case of people serving abroad in His Majesty's Forces. We propose to leave the powers for which the Government are asking and to provide that they shall not be exercised except with the consent of the Commission, but the Commission shall not grant their consent to any such powers unless they are satisfied that they could be granted without injustice to the person interested. That is a very reasonable request for us to make. We have been promised throughout this Bill the protection, and we have been told very great protection, of this independent Commission. Here the Ministers are taking extremely drastic and, possibly, unprecedented powers and surely therefore this is a case above all others where the protection of the Commission should be granted. I do not wish to delay the Committee too long, but there really is a very strong case and I hope the Government will see their way to accept this Amendment.
I support my hon. Friend in this matter. He said that he was not aware of any precedent, but there is one precedent and I think it is important that the Committee should be reminded of it. This procedure by deed poll was inserted in the Town and Country Planning Act of 1944, and at that time the Government gave a pledge that the provisions contained in it were exceptional and it would not be treated as a precedent for inclusion in future Bills. That was only a year ago, and the next Bill we see dealing with this subject includes this proviso. I am very doubtful myself, although I have my name to this proviso, whether this proviso even is an adequate safeguard. I believe the only happy solution would be for the Government to give up trying to take this power of deed poll. It will create a lot of unfairness if it is used. There will be men fighting in Burma who will come back and find that they have lost their property without easement as a result of this Clause. After all, we have good safeguards in our laws and they are not without reason when you have your system of land purchase and notification. It may take a little time but it does mean that people know when they are losing their rights and two years after the war would be a very bad time to take away from the individual his rights by this drastic procedure of only 14 days.
It may be said that this safeguard of the Commission is not an effective safeguard because this is an amendment of the Defence Act and the right will continue after the Commission is defunct. If that is so, that makes this Sub-section of the Clause all the more dangerous. In that case, this is not a temporary amendment of the Defence Act. You are here putting into a procedure for the acquisition of easements an admittedly unfair emergency procedure that will last always and which, once it is accepted in this Bill, will always be a dangerous precedent for every succeeding Government in any legislation. I do ask the Chancellor to think very seriously about Clause 36; it has caused a very great deal of disquiet amongst all those interested in the welfare of the men overseas and also to all those interested in the ownership of land. Both bodies—the Service authorities and the land authorities—have been very worried about this Clause ever since the Bill was published, and it would give great satisfaction if, on reconsideration, the Chancellor would take away the powers of working by deed poll in this Clause.
I support this Amendment. This is one of the Sub-sections which contains the words "in the opinion of the Minister." We do not quite know what that will mean in practice, but, before a Minister starts to form an opinion, some quite subordinate fellow will start to get busy and it will be a long time before it reaches the Minister. If we knew a subordinate official was going to advise the person concerned before the documents passed to him had gone all round the office, there would be ample time, because it would take three months for the Minister to form his opinion if it started with some humble person down below, because we all know what happens in Government Departments—it takes them a month of Sundays to get down to anything in the ordinary way but "in the opinion of the Minister" means, as I understand it, that the action cannot be challenged in any court. One of the evils of this Bill is that these words appear so often and if, in the opinion of the Minister, he may do what he likes virtually without effective notice, it really is a potential monstrous denial of justice to masses of His Majesty's subjects. Surely if you are going to interfere with anything that anybody owns and they may have a case to state on the other side you ought to give them a reasonable, effective power to challenge your decision and put that representation to some person other than the Minister. I think this is a very sensible Amendment and I hope the Chancellor will be willing either to take it in the present form or to suggest on Report some alternative words to protect His Majesty's subjects against injustice.
I would like, first, to agree with what the hon. Member for Thirsk and Malton (Mr. Turton) said in pointing out that this is an amendment of the Defence Acts; it is, therefore, an amendment of what is a permanent code of legislation. The earlier clauses in this part of the Bill, or some of them, enable the easements to be acquired under the Defence Acts. The purpose of that has been explained: it is to avoid unnecessary purchases of land, but to secure what is required by means of the acquisition of the easement without also purchasing the land. Of course, under the Defence Acts, the acquiring Minister has the right to go into immediate possession of the land and it is perfectly clear that for defence purposes you must have a speedy procedure. The purpose of the Clause which we have here is to enable a similarly speedy procedure to operate where the acquisition is not the acquisition of land but the acquisition of an easement. It may well be that the period of 14 days to which my hon. Friend the Member for Thirsk and Malton referred is unduly short and we will certainly consider an extension of the period under Sub-section (1).
However, as regards the merits of the Amendment moved by my hon. Friend the Member for The Wrekin (Mr. Colegate), I do not think that it would effect the purpose which he has in mind and I will tell him why. My hon. Friend's Amendment says that the power conferred by this Sub-section shall not be exercised except with the consent of the Commission. Now the powers exercised here are powers exercised by the Minister after the service of the notice to treat. If the acquisition of the easement is under Part II of this Bill, of course there has already been publication of the proposal and there has been an opportunity for objectors to put in their objections and for the whole matter to go to the Commission at an earlier stage; the result is that, so far as the acquisition of the easement which is being contemplated under Clause 36 is effected under Part II of the Bill, the Commission have already been in the picture before this stage was ever reached. But so far as the purchase of the easement might come under the Defence Acts, as the hon. Member for Thirsk and Malton pointed out, the Commission is not a permanent body; it will disappear altogether within two or three years after the end of the war period, and therefore it would be inappropriate to provide at this stage for a reference to a body which will have disappeared in the great many cases where this proviso will be operating.
I think the best course we can take is to consider what my hon. Friends have said on the Amendment between now and Report, and to consider especially in this connection whether the period of 14 days can be extended so that things shall not be done in a hurry where there are possibly objectors who have not heard of the Minister's proposals.
In view of my right hon. Friend's explanation—and I think there is a good deal of substance in his point about the temporary nature of the Commission—and in view of his assurance that he will consider between now and Report stage materially extending the period of notice, I beg leave of the Committee to withdraw this Amendment.
Amendment, by leave, withdrawn.
4.30 p.m.
I beg to move, in page 26, line 19, leave out Sub-section (4).
I think it must be clear to the Committee that the provisions of this Subsection, if brought into existence, would not lead to a very satisfactory state of affairs. The deed poll is to be executed by the Minister and, therefore, his dictum carries all before it, and there are no safeguards. The Minister takes powers under the deed poll, and that poll is conclusive evidence that all the necessary requirements have been complied with. I am quite certain that that will make no difference to getting on with the work for which this Section is designed, and I ask the Government to consider omitting the Sub-section altogether.
We inserted this provision in order to prevent the possibility of someone challenging the validity of what had been done after a period of time when it might be difficult to prove that the various conditions precedent, as set out in Sub-section (3) of the previous Clause, had been complied with, but I agree with my hon. Friend that the conclusive evidence provisions want scrutinising. We want to avoid them if we possibly can, and I think there are two ways of dealing with the matter. We might put in a provision that it shall be only conclusive evidence after a period of time, and we might consider whether we could safely do without it. At present I am advised that it is advisable to keep it in but to say that it shall not be conclusive evidence until after a substantial period of time, say, a year, or two years. In view of that assurance, perhaps my hon. Friend will withdraw his Amendment.
I must thank my right hon. and learned Friend for having met us so candidly in the matter. I understand that he is going to consider lengthening the period of time or, rather, the putting in of protective words, and also the possibility of whether it cannot be excluded altogether, and in view of that 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."
The Government have put me in rather a difficulty by their courteous attitude to these Amendments. I have always felt strongly about this Clause, and while they have shown a great deal of courtesy they have not given a great deal of explanation. I want a good deal of persuading before I agree to Parliament giving the Crown this drastic power for the seizure of easements. From 1842 until to-day the Defence Ministers have, presumably, exercised their powers under the Defence Acts without having to use these deed poll powers. Suddenly, the Chancellor comes here and uses a device which was put into the Town and Country Planning Act for a specific purpose, and I think he ought to make his case for this Clause. I hope that if we do not divide on this Clause to-day we shall have an ample opportunity later of trying to improve it, or even abolishing it.
I propose to make an attempt to persuade my hon. Friends that there is justification for this Clause, and I will put the matter as simply as I can. Land may be acquired by a public Department either under the provisions of this Bill, or under the Defence Acts. In framing the provisions of this Bill, we were at pains to provide, as an alternative to the outright acquisition of land, the less drastic course of acquiring an easement. Under this Bill either where the land is acquired outright, or where the Government Department concerned is satisfied to go no further than to require an easement, the Commission can be invoked if there is any objection. Take the parallel case of acquisition under the Defence Acts. At the present time, under those Acts, a Government Department, if the condition of those Acts are satisfied, can go in and acquire the land outright. They can enter into possession of the land immediately, and there is no provision in that case corresponding to the provision in this Bill for reference to a Commission.
What we are doing here in the case of acquisition under the Defence Acts is to provide an exact parallel to the provision made by this Bill for acquisition under the special provisions of this Bill, and to provide for the acquisition of easements as an alternative to acquiring land outright for the purposes of defence. Just as the Defence Acts make provision for the immediate entry upon land by the Government Department where it is required for defence, and is being purchased outright, here we propose, by deed poll provisions, to provide a procedure, so far as it may be necessary, for immediate acquisition of the easement, in the case where acquisition of the easement is felt to be sufficient, instead of acquiring the land outright. From that point of view this is a provision which is by way of relief to the landowner, and provides a method by which the requirements of the Defence Departments can be satisfied, stopping short of full acquisition. That is what I have to say by way of explanation of and justification for this proposal. I think the case has considerable substance, but we have said that we will look at it again between now and the Report stage and perhaps my hon. Friends will be content to let their minds dwell between now and then on the explanation I have given. I do not suppose that there will be any desire in any quarter to set an unduly narrow limit on the discussions which may take place when we get to the Report stage.
I think we should have all cheered the Chancellor's speech if he had made it on 2nd September, 1939, but I thought this Bill was an untangling Bill. The Chancellor knows that if a Government tried to apply Defence Acts in peacetime, when there was no war in prospect they would not survive for five minutes. You cannot do all you would like to do. The Defence Acts give Governments power to deal with certain matters when an emergency arises.
indicated dissent.
I have seen all sorts of rows in the House because a Government Department wanted to do something somewhere where there was an amenity, or a beauty spot. I have seen Ministers run like rabbits from the Front Bench because we were not going to put up with that. Nobody takes any notice of a Government trying to exercise drastic powers at a time when the public will not put up with the exercise of such powers. Although this may be represented as a certain concession, that an easement is not so bad as a compulsory acquisition, there is no reason why the Government should try to gt away with it. We are trying to get out of a war, not into the next one. I do not know the next great international Power which the Chancellor visualises he is going to fight, but I am only in favour of this if the next war is somewhere in sight. It is no good saying that Departments have these powers; they have in a legal sense, but not morally, except when an emergency arises. The function of this House is to stop Governments doing things, not to facilitate them. The Government think they can abrogate the Ten Commandments if they like, even although they were an ancient form of legislation.
I am quite sure that the Ten Commandments are not in this Bill.
I know they are not incorporated in the Statutes in the Library, although many Statutes, including Magna Carta, were based on them. However, I am delighted that the Government have said they will consider this matter, because a great many humble people may be prejudiced unless there is an Amendment.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
CLAUSE 37.— (Miscellaneous provisions as to easements and rights acquired under Defence Acts.)
I beg to move, in page 26, line 45, leave out Sub-section (3).
My natural diffidence in addressing the Committee is more than usually weighing me down at this moment because this Amendment concerns rather technical and legal matters, and I do not feel qualified to deal with them very well at any time, particularly when my right hon. and learned Friend the Attorney-General is on the Front Bench. I feel that I shall not be able to put the arguments for this Amendment as clearly as they should be put, but I will try. We want to leave out this Sub-section because it appears to us that it would permanently deprive persons interested in the land of certain protection, which is this: Under Section 84 of the Law of Property Act, 1925, any owner of land, in certain circumstances, and subject to certain conditions and safeguards, can obtain discharge or modification of a restricting covenant burdening his land which a change in the surrounding conditions may have rendered unjust, undesirable or unnecessary. This Subsection would deprive persons interested in the land of that reasonable and advantageous provision. There are numerous exceptions, but I do not intend to go into them now. It comes to this. Clause 37, Sub-section (3), will deprive the person interested in the land of the protection which at present he has got, and I see no reason why that protection should be taken away. I hope my right hon. and learned Friend will be able to accept the Amendment, or give us an explanation of why he thinks it necessary to take away the existing protection.
4.45 p.m.
I am sure my hon. Friend the Member for The Wrekin (Mr. Colegate) need have no diffidence in making the case for this Amendment, but whereas on the last Amendment he won the round, I hope I shall be able to persuade the Committee not to accept this Amendment. I quite understand the reason my hon. Friend has moved this Amendment and the prima facie argument for it. He says, "Here is a statutory provision under which restrictive covenants can be removed if circumstances change; why should not that apply to restrictive covenants under this Bill?" The reason we think this ought to be excluded is as follows. The person who decides, under Section 84 of the Law of Property Act, is one of the official arbitrators. The primary function of the official arbitrators is the assessment of amounts of compensation, and although I think this has worked well as between one individual and another, it would to some extent be going beyond their normal functions to put upon them, as Parliament did under this Section, jurisdiction to deal with restrictive covenants and to say whether in the circumstances their continued existence was unreasonable. But in the present case restrictive covenants will only be acquired by the Crown in cases where, under Clause 7, Sub-section (1, a ), they are essential to the full enjoyment of war works, or it may be also under the Defence Acts. I do not want to revive the unhappy controversy of yesterday, but to some extent this Amendment raises in a smaller field the point which we discussed yesterday and on earlier occasions about the Minister having the right to disagree with the Commission. We feel that the procedure of Section 84 of the Law of Property Act, giving the final decision to the official arbitrator, would not be appropriate to restrictive covenants which are acquired and enjoyed because, in the opinion of the appropriate Minister, they are essential to the proper use of the war works. We feel it would not be the proper tribunal to decide that matter. If circumstances change, those affected can make representations, but we do not think it would be right to put the final decision of the matter in the hands of the official arbitrator under Section 84 of the Law of Property Act.
In view of my right hon. and learned Friend's explanation, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause ordered to stand part of the Bill.
Clause 38 ordered to stand part of the Bill.
CLAUSE 39.— (Application of this Part of this Act.)
I beg to move, in page 27, line 20, after the second "of," insert:
"section nine of the Agriculture (Miscellaneous Provisions) Act, 1941, or of."
This is a drafting Amendment. The compensation code in this Bill renders inoperative certain provisions in the Agriculture (Miscellaneous Provisions) Act.
Amendment agreed to.
I beg to move, in page 27, line 31, at the end, insert:
"or,—
( d ) land, which, at the date of the notice to treat, is, by virtue of an exercise of emergency powers, in the possession of or in use for the purposes of a drainage board, is compulsorily acquired by that board."
This Amendment extends Part VIII to purchases by drainage boards of land of which they are in possession by virtue of requisition. They may have put a drain into the land themselves, and it would be wrong that they should have to pay for it twice over.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 40.— (Elimination of value due to Government war work.)
I beg to move, in page 27, line 45, leave out "adjoining or neighbouring," and insert "contiguous or adjacent."
This is a consequential Amendment.
I have seen these words before in Amendments to the Bill, but I have never understood what was the purpose of making this change. I do not know what is the difference between "adjoining" and "contiguous" and between "neighbouring" and "adjacent." I should be grateful if the Attorney-General would give an explanation.
The reason my hon. Friend does not know is that he was not in the Committee when the matter was discussed.
I was here.
It really is consequential. This matter arose under the Town and Country Planning Act, and for reasons which I do not think the Committee would wish me to elaborate, the Government came to the conclusion that "contiguous or adjacent," having regard to past cases which have been decided, were more appropriate to express the meaning.
Amendment agreed to.
Further Amendments made:
In page 26, line 5, leave out "adjoining or neighbouring," and insert "contiguous or adjacent."
In line 11, leave out "adjoining or neighbouring," and insert "contiguous or adjacent."—[ The Attorney-General. ]
I beg to move, in page 28, line 12, at the end, insert:
"Provided that in assessing any compensation for injurious affection of land, other than the land acquired, account may, notwith- standing anything in this Sub-section, be taken of the actual state and circumstances of the land acquired as existing at the date of the notice to treat in so far as they may be expected to persist after the purchase."
There was a doubt whether under the Bill as originally drafted, an owner of property who had had part of his land requisitioned and that part was subsequently acquired, could claim the injurious affection which is claimable under the Defence Acts code which we are applying in this Part of the Bill. The point is the same as that raised in the Amendment on the Paper in the name of my hon. Friend the Member for The Wrekin (Mr. Colegate). It was never our intention that a person should not be in a position to claim injurious affection, but it was sufficiently doubtful in the Bill to make it desirable to clear it up. Hence this Amendment.
I take it that for this purpose "land" includes what may be on the land, such as houses. I want to refer to a number of letters I have had from people whose houses have been requisitioned and then the Department requisitioning them did not want to use them and another Government Department took them over again—it may be after they had been de-requisitioned—and said, "This house is in a dreadful condition, and we cannot afford to pay you so much rent." In other words, one Government Department exploits the circumstances created by another Government Department badly damaging the property. Therefore, the person dealing with the second Government Department gets a worse deal than he would have got if he had dealt all the time with one Government Department. I know of places which were let at £100 a year, one Government Department occupied them for three or four years, they were free for a time, and then another Government Department in taking them over said they were in such a dreadful condition that they were not worth more than £60 a year. To what extent are those people going to be prejudiced by the terms of this proviso?
The proviso in this Amendment does not touch that point. The injurious affection referred to is that which is suffered by that part of a man's land which is not compulsorily acquired. This proviso has nothing to do with what he gets for that part which the Crown does acquire, but deals with cases where the Crown takes a bit of a man's land and, as a result of that bit being acquired, what is left to him is injuriously affected.
If I understand my right hon. and learned Friend rightly, it would not be necessary for me to move my Amendment to page 28, line 12, even if it were called. If the Amendment moved by right hon. and learned Friend is accepted, it will secure that Clause 40 does not prevent an owner whose land is compulsorily acquired from exercising his rights under the Lands Clauses Act to claim compensation for injurious affection to adjoining land which is expected to be caused as a result of some use of the land acquired.
It comes under the Defence Acts but the Code is substantially the same.
Amendment agreed to.
Further Amendments made:
In page 28, line 41, leave out "adjoining or neighbouring," and insert "contiguous or adjacent."
In page 29, line 30, at end, insert:
"( b ) the proviso to Sub-section (1) shall not apply; and."—[ The Attorney-General. ]
Clause, as amended, ordered to stand part of the Bill.
Clauses 41 to 46 ordered to stand part of the Bill.
CLAUSE 47.— (Power of Ministers to defray cost of rehabilitation of land in certain circumstances.)
5.0 p.m.
I beg to move, in page 31, line 41, after "and," insert:
"either—
This Amendment is moved in order to make clear the connection between Clause 10 (3). which deals with the power of the Commission to accept an undertaking from the owner that he will take steps for the total or partial rehabilitation of the land, and Clause 47, which empowers the appropriate Minister to make grants to an owner for rehabilitation, total or partial, over and above the ceiling im- posed under the Compensation Defence Act. I think in practice it would work out in this way. To start with, the owner is resisting the proposal for acquisition for rehabilitation under Clause 6 (1) ( b ). Provided that the cost of rehabilitation is within the limits that he can get under the Compensation Defence Act, the Commission can say, "We are satisfied that you will rehabilitate," and he is satisfied that he can get his compensation, and the whole thing will go through. But there is a case where the owner may say, "I could rehabilitate, and I am anxious to, but the compensation that I should get under the Compensation Defence Act is not enough. If I could get a grant under Clause 47 by which I could get money over and above the ceiling imposed under the Compensation Defence Act, I should be very glad to do it." It may be that the thing has not been fully explored and he may not have made his application for a grant, and in such a case it seems to us obvious that the Commission would, as they have power to do, adjourn it in order to give him an opportunity of applying and the Minister an opportunity of acceding to a grant under Clause 47. We decided at an earlier stage to resist any suggestion that the Commission should have power to compel the Government to make a grant under Clause 47 but, of course, the Commission have the last word, in that they can refuse to allow the acquisition, and I think the Committee can have no reason to contemplate that full and proper use will not be made of the power under Clause 47. But we felt that, as drafted, Clauses 10 and 47 were not linked and the object of the Amendment is to make it clear that our intention is that they should be linked.
I have no objection to the Amendment. In fact I welcome it. But the whole point is in the operation of the Bill when it becomes an Act. The Attorney-General has stated the procedure when an owner who has objected appears before the Commission and, in accordance with this Amendment, proposes to give an undertaking to deal with the land in a particular manner on the condition that he gets a grant from the Government. At the hearing before the Commission will the Government be in a position to come to an agreement about the sum that will be paid to him? My experience of Government Departments is that there are appalling delays in getting agreements to pay money. What I should like to see is a representative of the Government Department at the hearing if possible, or within a very few days afterwards, with power to agree to a grant. I am afraid that there will be great delays, because the Commission will adjourn until the Government Department has made up its mind whether the amount is too big or too small or whether they are going to acquire the land in the end. Can arrangements be made whereby a representative of the Department can be present or, failing that, that arrangements within the Government Department will be such that these financial questions can be answered without undue delay?
One could not, of course, make a categorical statement that in every case, however surprising and sudden the demand by the owner, an officer of the Department should have full authority to agree to an undertaking which might cover very large sums of money. Here the iniative will be with the owner. Where the position is that he is anxious to rehabilitate and he can satisfy the Commission that he has a good case under Clause 47, he will make representations. We want to avoid delays and adjournments and I am sure that everything will be done to avoid them.
Amendment agreed to.
I beg to move, in page 32, line 1, to leave out "may," and insert "shall."
The object of this is that the Minister shall undertake to make good to any person who is interested the whole or any part of any expenses. It is a small point but it makes it very much clearer.
This is not the first time that I have dealt with an Amendment which suggested that "shall" should be substituted for "may." I think it would be wrong here, first of all because it is obvious from both the earlier and the antecedent words that this is a discretionary Clause. It depends on the opinion of the Minister. Also it has to be subject to such conditions as he may specify to make good in whole or in part. But the real reason why I think it would be wrong is that this is not the only manner in which a Minister can deal with this question of rehabilitation. If he decides that it is expedient in the public interest that the land should be dealt with in a particular manner with a view to its total or partial rehabilitation, there are three courses open to him. He may come to the conclusion that the right course is to purchase. That may well be the only way of dealing with it if properties in separate ownership are involved. He may decide that the best way to deal with it is under Clause 28 to go in and do the rehabilitation himself, or he may decide that it is a Clause 47 case. In view of these three alternative ways of dealing with the matter it would be wrong to say, if he is of opinion that it is expendient in the public interest that it should be dealt with in a particular manner with a view to its total or partial rehabilitation, that he shall operate Clause 47, because that is not the necessary and only way in which the problem can be dealt with.
Amendment, by leave, withdrawn.
I beg to move, in page 32, line 8, at end, insert: wishes to acquire land because of the amount of money that has been spent on it, and those who are interested in the land may resist, saying that it ought to be restored for the use of the public. I can give a concrete case where common land with valuable works on it has depreciated. It is in the interests of the estate generally that the Commission should have power to recommend that the common land be restored and that contributions towards the restoration should be made by the Minister in excess of the compensation provided in Section 2 of the Act of 1939. We are of opinion that without this Amendment that would not be possible. It gives no mandatory power but it allows the Commission to recommend that the Minister shall rehabilitate the land and make a contribution in excess of what he would pay under the Compensation Defence Act. We attach importance to that, and I feel that if we as Parliament are to have confidence in this Commission, we can well give it the power.
5.15 p.m.
The Government may feel that this is too financial a power to put in the hands of the Commission without some form of Parliamentary control. If that is so, I suggest that there exists that control, or, if it does not, that it can be put in by the form of a negative Resolution. Some Minister can object to the recommendation of the Commission that certain land should be restored, and, if he makes his objection and overrides the Commission, it will in due course come to the Floor of the House in the form of a Prayer. Since the Second Reading of the Bill all of us have had called to our attention numerous cases where the cost of restoration of the land will far exceed any compensation that can possibly be given. I hope that hon. Members of all parties will realise that in the case of common land, the amount of compensation under the 1939 Act is restricted by Statute and will in very few cases be sufficient to restore the common to its pre-war state where the Commission think it should be so restored.
The Government are no less anxious than my hon. Friend to see that restoration is carried out where it is desirable. The Committee agreed at an earlier stage that restoration should be aimed at to the greatest possible extent. That, indeed, is the reason why this Clause is in the Bill. It provides that the Government may pay more than the full value of the land to enable rehabilitation to be carried out. The Amendment deals with two cases. The first is where proposals involving the acquisition of land have been referred to the Commission, and it goes on to provide that the Commission may make certain recommendations with regard to restoration. That point has been met by the Amendment just moved to this Clause by my right hon. and learned Friend the Attorney-General. It is clear from what my right hon. and learned Friend said that, when a proposal for acquisition of damaged land comes before the Commission, the Commission will be in a position to say: "This land ought, in our opinion, to be restored; we will adjourn the proceedings for negotiations to take place between the Minister and the owner to see if they cannot come to terms as to the amount of money to be provided under Clause 47." The first part of the Amendment, therefore, has already been met.
The second case to which the Amendment refers is that of a person aggrieved by a decision of a Minister under the preceding Sub-section. The decision which the Minister gives under that Subsection is one to pay the owner more than the value of the land in order to secure rehabilitation; the effect of the Amendment would be that any person whose land had been damaged could apply to the Minister for an amount of money in excess of the value, and upon his request being refused that person would become a person aggrieved by a decision of the Minister and so would have the right of application to the Commission. The effect of the Amendment, therefore, would be to make the Commission the authority in all matters connected with the restoration and rehabilitation of land. I do not think that is a desirable position. The Commission will have quite sufficient work upon their hands in connection with the acquisition of land; I do not think it will be fair to them, and it would also overload them with responsibilities of a rather different character, if they were to be the authority to say in each case whether or not a particular piece of land should or should not be rehabilitated.
I gather from that that the Minister has plenty of time to do the job.
I was going to say a word or two about that. It is clear that each case of damaged land will have to be dealt with on its merits so far as restoration is concerned. We can all think of clear cases where restoration ought to be carried out. For example, a trench dug in a piece of good agricultural land clearly ought to be filled in. I can also think of many cases where land ought not to be rehabilitated. For example, where the military, in the part of the country from which my hon. Friend the Member for Thirsk and Malton (Mr. Turton) and I come, have inadvertently set fire to the moors and destroyed not only the heather but the peat, so that there is little left except sand subsoil, that land, whose grazing value is perhaps half a crown an acre per annum, would cost £200 to £300 an acre to restore. That is clearly a case where restoration has to be left to nature. Experience proves that nature restores such land very effectively in the course of time. It may take 30 or 40 years, but nature carries out the work much more effectively and cheaply than man or Minister could do it. Between the two extremes of the clear case where land ought to be restored and the equally clear case where it would be frightfully wasteful to restore it, there are all sorts of cases to be decided. Each has to be decided on its merits. The view of the owners has to be considered, and the view of the Minister of Agriculture, and all sorts of other matters may have to be considered.
We shall have to try and build up some sort of regional machinery for dealing with this question of restoration. It is clear that a number of Government Departments will be involved in the decisions which have to be taken under Clause 47. In the ordinary case, where a person is not seeking more than the value of the land under Clause 47, the Compensation (Defence) Act gives the owner a clear option. He can either spend his compensation money on restoration, or he can put the money in his pocket. That was settled by the Act of 1939. Many cases of damage and de-requisition have already been dealt with under that Act and we cannot go back on that position and take away that option from the owner of the land. At the same time, in cases where we operate Clause 47 and are prepared to go beyond the full value of the land in order that restoration may be carried out, public policy and public interest are clearly involved. It is not simply a question for the owner of the land to decide. I can assure my hon. Friend that we will build up some interdepartmental machinery to see that Ministers proceed under Clause 47 upon some general principles. It would never do if different Ministers operating Clause 47 were to proceed on totally different lines. There is a clear necessity for co-ordination between Ministerial policies upon the operation of Clause 47. I suggest that as regards the question whether rehabilitation or restoration should be carried out in particular cases, there will be need for some regional form of machinery, some body operating in the locality with knowledge of the local circumstances as regards soil and so forth. I am clear that my hon. Friend's suggestion, that we should put all this work, which is important and difficult work, on to the Commission established under this Bill for rather a different purpose, would be a mistake. I am sure that we must establish machinery of a different character for dealing with this problem.
As I read the Amendment, it does not throw all the work on the Commission. The Amendment in effect gives the right of appeal. I think there ought to be some such right. As the Clause stands, the whole power is with the Minister. It is not much use referring us in these matters to the Compensation (Defence) Act, 1939, as if that represented all the wisdom in the world. I have it in front of me, and I see that the Royal Assent was given on 1st September, 1939. I would ask the Committee to remember what happened that day. We were called together by wireless, we had a three-hour Debate on the war situation because Germany had attacked Poland, and then, out of the pigeon holes of the Committee of Imperial Defence, there were produced 18 Bills. Every one of them was passed through all stages in both Houses and received the Royal Assent that evening. None of these Measures received any consideration at all from Parliament. I often hear Ministers say, "Parliament decided this." Parliament was bludgeoned into passing these Acts and we were all in the state of mind in which, if the Government said they must have these powers as there was a war round the corner, we cheerfully gave them. I shall never regard these Acts as representing the last word in wisdom. To suggest, when a sensible Amendment is proposed in order to give an aggrieved person the right to ask the Commission to look into his case and to force the Minister to stay his hand while the matter is being considered, that it throws everything on the Commission, is an over-statement. I would beg the Financial Secretary to look at the matter again so that, if a British subject is aggrieved, he has some chance of appealing for justice to somebody other than a Minister.
I think that my right hon. Friend has misunderstood the first part of my Amendment. He said that the point had been dealt with by the previous Amendment which had been carried. That Amendment however linked up with Clause 6 and Clause 10 (3) and not with Clause 5 and Clause 10 (1). Let me take the case of an aerodrome on a common. The Government proceed under Clause 5, and the Commission consider the question whether the aerodrome should be purchased or whether the common should remain a common. They are now shut out from saying that they think the common should remain, that the land should be restored, and that the Government should give a contribution under Clause 47. Unless this Amendment, or words to this effect are inserted, the Commission can not make that report, and I think it would be a valuable report for the Commission to make. Let me take the next branch of cases which I mentioned—the cases under Clause 10 (1). It may be that the Commission, when they are considering the acquisition of this aerodrome on a common, think that an alternative proposal should be made—
5.30 p.m.
May I interrupt my hon. Friend for one moment? My hon. Friend is now speaking of cases under Sub-section (1) of Clause 10. I think he is mistaken, because in these cases which involve rehabilitation of land the acquisition can only be initiated under Clause 6 (1 b ) of the Bill. The Sub-section in Clause 10 which deals with that matter is Subsection (3), which enables the Commission to make conditional recommendations. It is clear that under that Sub-section the Commission can adjourn the proceedings for a settlement to be reached between the parties under Clause 47.
That is the very point I have been trying to make to my right hon. Friend for a considerable time. He has dealt merely with the question of Clause 6. My hon. Friends and I are trying to make it wider so that when a Minister asks that land shall be acquired because of the value of works upon it, the Commission shall be empowered to say, "We think the Minister has not made out his case, and it is in the public interest that the land should be restored." Whatever my right hon. Friend may say, I believe that the majority of the people in England want that power in this Bill. I do not think that power is in this Bill at the moment. I ask the Government to put it in for the reasons I have given. It may be that on the limited question as to whether the Commission should be a court of appeal against the Minister, which is quite another matter, we have not made out our case. I do not like this position where Ministers have the right to determine applications for the contribution to the cost of restoration of land without appeal, but that is a separate point. I am addressing myself to a limited point, where the Government are proceeding under Clause 5 or Clause 10 (1), and I ask that there shall be power to recommend that some cost of the restoration is borne by the State.
Amendment negatived.
I beg to move, in page 32, line 12, at end, add:
(3) Any expenses incurred in excess of any sum paid or payable under paragraph ( b ) of Sub-section (1) of Section two of the Compensation (Defence) Act, 1939, in rehabilitating
This Amendment deals with the limited question of open-cast coal workings and damage to agricultural land. The position of the restoration of land after open-cast coal working, has been that hitherto—and let me pay this tribute—the Government have behaved extremely well up to the introduction of this Bill, and great work has been done in the restoration of open-cast coal working. It appears to my hon. and gallant Friend and myself that some special provision should be inserted in Clause 47 to deal with the case of opencast coal working. We are anxious about this problem because it has been brought to our notice that since this Bill was introduced, a new practice has sprung up in the Ministry in dealing with these opencast coal workings, and the restoration of land is not so complete as it was before. I am informed on what I regard as good authority that before this Bill was introduced the lop soil was separated from the sub-soil, although the expense was considerable, and then when the work was completed the soil was put back in the correct order. Since this Bill has been introduced, for some reason best known to the Departments concerned, those precautions have not been taken.
Is the hon. Member alleging that that is a case of cause and effect?
It is not for me to make any allegation. I merely say I have been informed by those who have a wide knowledge of open-cast coal working that this is happening, and that is why I am raising the point so that the Government may have an opportunity of disclaiming any responsibility for a change of policy. I hope that, in their reply they will give an assurance that what was done before this Bill was introduced, will be continued. If we can by these words or some other words ensure that state of affairs, I hope that action will be taken. So much for open-cast coal workings. We have also asked that special legislation should be used in the case where agricultural land has been damaged. That will enable Clause 47 to operate in all those cases where agricultural land has been damaged by war works. It may be that this Amendment is drawn too widely.
It may be.
After all, the hon. Member for Peckham (Mr. Silkin) enjoys the fruits of the agricultural industry, and I do not suppose he realises how near he has been to starvation at times. At this happy moment of the war, I do not suppose the hon. Member for Peckham is likely to suffer from starvation. If the Government think the subject is too wide, they might insert some such words as "where the Minister of Agriculture so recommends." There are many cases where the operation of Government war work has so damaged agricultural land that it will cost far more than any compensation given under the Compensation Act to put it in a complete state of restoration. I feel sure that many Ministers will use Clause 47 to ensure that we do not lose that store of fertility which our ancestors put into agricultural land. I would like to see some words to that effect in Clause 47.
In moving this Amendment, my hon. Friend modestly said that in its phraseology it might go too far. I wish his hon. and gallant Friend the Member for North Newcastle (Sir C. Headlam) had been able to hear him say that. The purpose of the new Subsection is to provide that in every case of agricultural land which has been damaged, and in every case of open-cast coal working, the Minister shall be bound to operate under Clause 47. Clause 47, as hon. Members know, is an enabling Clause, enabling the Minister to pay to the owner more than the full value of the land where the owner undertakes rehabilitation. So far as open-cast coal working is concerned, my hon. Friend knows and the whole Committee is aware that it is the policy of the Government to restore the surface of the land, almost—in fact entirely—regardless of cost. I think the Committee on Public Accounts drew attention to the fact that we were putting top soil back after open-cast coal working, at a cost of £200, £300 or even £400 an acre, where the land resulting from that restoration was worth only a fraction of that sum. But that, at any rate, has been the policy of the Ministries concerned with opencast coal working. I can assure my hon. Friend that that policy will be continued.
I have heard it stated that since this Bill was introduced, this policy has in some way been checked or discontinued. I have asked my hon. Friends who have stated that to me to give me chapter and verse for the cases they have in mind, but so far I have not received any confirmatory evidence that there has been any change of policy on the part of the Government in this respect. At any rate, I now give the assurance that there will be no change of policy, and that the restoration of land damaged as a result of open-cast coal working will continue.
Does that mean that the policy of keeping the top soil and sub-soil distinct will continue?
I cannot pledge myself on a detail of that character.
That is the whole point.
That has been the policy hitherto, I believe, but there may be opencast coal waiting to be worked under land which is of so poor a quality that it is not worth while distinguishing between whether the top soil or the sub-soil is put back first. My hon. Friend's Amendment would also impose on the Government an obligation to pay to the owner the cost of restoring agricultural land whatever that cost might be. My hon. Friend's proposed Sub-section says:
So far as agricultural land is concerned, everybody knows it is our policy to restore, where restoration is the proper course to take. On a previous Amendment I referred to what is undoubtedly agricultural land—and my hon. Friend the Member for the Forest of Dean (Mr. Price) will confirm what I am saying—land used for hill grazing and land on which the Forestry Commission, of which he is a member, very often take leases at half a crown or three shillings an acre. Under this proposal all that land might have to be restored at a cost of hundreds of pounds an acre to the Exchequer. I ask the Committee not to accept this Amendment.
5.45 p.m.
I wish to confirm what the Financial Secretary has just said. I had occasion last year to investigate a good deal of open-cast mining, and I saw in the coal counties restoration taking place, the sub-soil being kept separate from the top soil, where the land was of value. I also saw opencast coal working in the Welsh mountains, and certainly it would have been very wrong of the Department concerned if they had spent £400 an acre in that case to separate the sub-soil from the top soil. I entirely corroborate what the Minister has said.
In view of the assurances which my right hon. Friend has given, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 48.— (Consequences of undertakings to pay money under Part II.)
Amendment made: In page 32, line 22, after "shall," insert:
"notwithstanding anything in the provisions of this Act."—[ Sir J. Anderson. ]
Clause, as amended, ordered to stand part of the Bill.
Clauses 49, 50 and 51 ordered to stand part of the Bill.
CLAUSE 52.— (Interpretation, etc.)
Amendment made: In page 33, line 23, after "the," insert "contrary is expressly provided or the."—[ Sir J. Anderson. ]
On a point of Order. Would it be in Order for us to discuss with the next Amendment, the Amendment which I have on the Paper—in page 33, line 38, at end, insert:
"'common' includes any land which is subject to common or commonable rights, any land which is not subject to common or commonable rights but to which the public have rights of access for air and exercise and any land which forms part of the trust property to which the National Trust Acts, 1907 to 1939, apply, or in respect of which any covenant with the National Trust or any agreement under Section thirty-four of the Town and Country Planning Act, 1932, has been entered into by the owner thereof."
It is not proposed to select the Amendment to which the hon. and learned Gentleman has referred, so we cannot discuss it as a separate Amendment; but on this point, which deals with definition of commons, we can discuss whether the Clause defines the matter properly. We cannot bring in another Amendment.
I beg to move, in page 33, line 25, at end, insert:
"'common' includes any land subject to be enclosed under the Inclosure Acts, 1845 to 1882, and any town or village green."
In the Bill there was no definition of common and therefore we move to insert one here. I understand that this definition appears in the Local Government Act, 1933, the Housing Act, 1936, and other Acts. It seems to be the definition most generally used.
This Amendment is of considerable importance, because it will determine the classes of common land which will be included in the protection given to common land by the two new Clauses which the Chancellor of the Exchequer will propose later, and which we discussed yesterday. I hope that I shall not appear unappreciative of the manner in which the Chancellor has dealt with this matter, if I say that I am sure the Committee will desire to be certain that the protection afforded by these two Clauses will be extended to all those classes of common land—I use that expression in its popular and not in its legal sense—and open spaces to which I think it was the wish of the Committee at an earlier stage that the protection which the Chancellor is now willing to give, should be extended. The two Clauses which the Chancellor of the Exchequer will move, taken in conjunction with the definitions, with one of which the Committee is now concerned, will extend protection to places to which the public have rights of access, but there are many commons where the public have not legal rights of access though the public have in fact enjoyed access from time immemorial without any restraint or restriction. Those commons are the sort of common which the public have in mind when they express a desire that common land should be preserved. They will not enjoy the protection of these two Clauses, as I understand the definition, because there is no legal right on the part of the public of access to them.
The Committee will appreciate that the fact that land is a "common" does not involve any general or public right of access or user at all. A common is a place on which certain people have rights to graze cattle or cut turves or wood or whatever it may be. There is no legal right of access on the part of the public. In the great majority of cases, however, the public enjoy free and unrestricted access and have done so from time immemorial. My hon. Friend the Member for Thirsk and Malton (Mr. Turton) mentioned an example to me a few moments ago when he was speaking of the moors in the part of Yorkshire which he knows best. He told me that on those moorlands there are common rights. I suppose there is the right to graze cattle, or certain classes of cattle, and animals. There may be—I think it is called by this name—the right of turbary.
No. My hon. and learned Friend is being misled by the Minister. The right of turbary is the right to cut turf.
I beg my hon. Friend's pardon. I am a stranger to these matters. The discussion illustrates the point which I was making a moment ago. There are certain common rights in these lands which are vested in persons who occupy certain property adjoining the commons. There is, in fact, no public right of access of user in lands which are commonly spoken of as common lands. Therefore under the Clause which my right hon. Friend will move in a few moments that class of common land will not enjoy the protection which the Clauses would otherwise give. I am sure that if anybody were told that that sort of common would not receive the protection which the Chancellor proposes to extend to commons where there is a legal right of access they would be very surprised. I am sure that that will not meet the wish which was so generally expressed in all quarters of the Committee when we discussed this matter on a previous occasion.
There is another class of open space land to which this definition of "common" would not extend. There are certain lands which are not commons at all because no common rights exist in them. They are lands over which, in different ways and arising out of different circumstances, rights of public access have been acquired. These lands are not to be regarded as commons, although the public undoubtedly have rights of access, because there are no common rights over them. They will not get the protection of these Clauses, although they seem to be precisely the class of common land—again using that expression in its popular sense—to which I believe that the Committee desire the protection of the two Clauses to be extended.
The other class of land to which the Clauses will be applied by the definition to which I referred a moment ago is land used for purposes of public recreation. Here again there are certain lands over which the public enjoy rights of access and certain restricted rights of user, but which are not lands that are used for public recreation.
I am in the hands of the Committee in this matter, but there are two Amendments in the name of the Chancellor of the Exchequer dealing with the definition of "common" and I think it would be better to have one discussion if possible. I do not think we can discuss the second definition here, as the hon. and learned Gentleman is doing, and then discuss it again later. It would be better to keep to the discussion to this Amendment and leave the definition which comes on the next page until we reach it.
With all respect, Mr. Williams, I think it would be convenient to take the two definitions of "common" and "open space" together, and would save time.
I am entirely in the hands of the Committee. If the Committee think it better to discuss the definitions together I am quite ready to agree to that course.
If I might express an opinion, it would be more convenient for us to discuss the two Amendments together. If we discuss them separately I must travel over the same ground again on the second occasion. If my right hon. Friend is agreeable I suggest that we take them together.
6.0 p.m.
I think that would be the most convenient course.
The other class of lands to which the protection of these Clauses extends are lands which are used for the purpose of public recreation. There are many classes of lands which are not used for that purpose, but over which the public enjoy very extensive rights of access, and in many cases rights of user. I take as an example the lands held by the National Trust. They are not used for the purpose of public recreation, but are used in the ordinary way for agriculture. Indeed, one of the purposes for which they become vested in the National Trust is that they should be preserved in their natural state. That involves, in many cases, their use for agricultural purposes but, at the same time, the public enjoy access to them.
There are several bodies of trustees who hold land in this way, on which the pubic have the right to use the paths, roadways and so forth. They ramble over many parts of these lands and there are certain places set aside on which they are permitted to picnic or camp. These classes of land are not, in fact, used for public recreation, although the public derive very considerable recreation from them. A case in point is Exmoor, which was presented some time ago to the National Trust. I am told that the lands which comprised in that gift are, in fact, used for their ordinary agricultural purposes, but, at the same time, the public enjoy the right to ramble over them, and all the other rights to which I referred a moment ago. These lands will not come within the protection which these Clauses will give.
There is one other class of land to which I ought to refer, that is, the class known as a private open space. A private open space comes into existence under the Town Planning Acts. What happens is this: The town planning authority desire to preserve from building a particular area within the ambit of the plan. It may be that they anticipate that when their district has developed they would desire to acquire that area as a public open space, although at the time when the plan is drawn up they may not desire to incur the expense of acquisition. But they wish to safeguard the area, so that when the time comes for it to be taken over it will not be built over and will still be available for a public open space. Accordingly, under the terms of the Town Planning Acts, they are able to make an agreement with the landowner, under which the landowner agrees, on his part, not to develop the land, and the town planning authority agree that the land shall be treated as a private open space, perhaps for a number of years. That arrangement is common, for example in the "Green Belt" around London, and in the "green belts" around other cities. There are in the "Green Belt" a number of properties which, at some time, may be acquired as public open spaces, and which, in any circumstances, the planning authorities desire should be preserved as part of the "Green Belt." Lands which are subject to agreements of that nature will not enjoy the protection of these Clauses, and the result may be that the purposes of the planning authority in reserving them as private open spaces will be defeated. I do not think that that was the wish of the Committee when we discussed this matter before. I am sure that the Committee would desire the class of land, and indeed, all these classes to which I have referred, to receive the protection of the Chancellor's Clauses.
We are dealing here with rather technical matters, and if my right hon. and Learned Friend is able to say, when he replies, that he will take these two definitions back again, and reconsider the matter before the Report stage, I and my hon. Friends who are interested in these matters will be satisfied. But we desire to be sure that the protection which the Chancellor has given so readily to open space land shak extend to all these places which, in the popular sense of the term, are regarded as commons and open spaces. It would be disappointing if the ambit of these Clauses was unduly restricted.
I support the point of view that the Chancellor's Amendment is not sufficiently wide to cover all the cases which I think should be covered in this Bill. Estates and properties have been given to the National Trust to which there has hitherto been no public access, but which have now acquired public access, under certain conditions. I do not see how cases of that kind can be here included, or how such properties can be regarded as public gardens, or as being used for purposes of public recreation. They are not used solely for purposes of public recreation. They are, normally, used for purposes of agriculture, or forestry, but the public have the right to go there, under conditions. The public might be restricted at times when there is a danger of forest fires, or during the breeding time of animals and birds. All that kind of property ought to be considered under this Bill. Moreover, there are cases of Crown forests, like the New Forest, or, in my constituency, the Forest of Dean. The public have had access for centuries to the Crown forests, but there is no legal document, and there never has been.
We are getting into a rather wide discussion. We are discussing only the definition of common rights for the purposes of this Bill.
With respect, Mr. Williams, I think it was agreed that we should also discuss open spaces.
May I proceed? I do not think that what we are discussing entitles us to go into the whole past history of commons. If we do, we shall be discussing something which has very little connection with the Bill itself.
I quite see that point. I am concerned only that cases like those to which I have referred shall not be left out, because I can see the possibility that on some Crown forest, or some land given to the National Trust, war works might be established which would under this Bill receive consideration. Supposing, for instance, the Commission thought it was not possible to restore that land to its original condition, there would be the question of compensation. I feel that even Crown forests might be included, but I will not say anything more about that, as it goes beyond the point. In general, I support the view of my hon. and learned Friend in asking for a much wider definition, in the Amendments of the Chancellor of the Exchequer, to cover points like this.
I would like to ask a question about the sea front, by which I mean the beach, and the land immediately behind it, which might be used for extensive war works. I want to be sure that such an area is included in the term "open space."
You said, Mr. Williams, that it was not desirable to discuss past history. I think I can say that I have been a pretty loyal supporter of the Chancellor in regard to this Bill, but it looks to me as though the Chancellor is trying "to put one across us" by this Amendment. If it is accepted, it determines that certain pieces of land will be considered common land, but it limits that definition to the Inclosure Acts, 1845–1882. If that Amendment is not accepted, then large areas of land in this country can be considered and claimed as common land. That takes us right back to the illegal enclosure of land in this country—
6.15 p.m.
That is exactly the point that we cannot discuss. We cannot possibly, on this occasion, discuss whether lands are legally commons or not, but only the acquisition of them for the purposes of this Act, and the payment of compensation.
If this Amendment is not accepted, we shall have references in the Bill to common land; we shall not have the definition that the Chancellor has given. There are areas that I know that I would be prepared to claim as common land. We shall get fellows claiming that that land is theirs, although everybody knows that they have stolen it, and they will go before the Commission and, quite shamelessly, demand compensation. Compensation for what? That is what we shall get all the time under this Bill, with this Amendment or any of the other Amendments, unless land that has been stolen from the people, and to which the claimant has no right of any kind and cannot produce proofs of ownership of any kind, is recognised as land that has been stolen from the people. I have advised the Chancellor before to get the book which was written by the Secretary of State for Scotland distributed. The Financial Secretary has read the book: I do not know if the Solicitor-General has read it. If he has, he should be preparing cases for prosecution. I feel that the Chancellor is putting one across us here. We should keep the term "common land," and not define it by reference to any particular period, but have the situation that when anyone comes before the Commission, in connection with any of these works, he must be able to prove up to the hilt that he has genuine title deeds to the land and that the land has not been stolen from the country. The other day an hon. Member—not a Member on these benches, but a Tory Member—drew attention to the fact that 50,000 acres of common land had been stolen, and he said that we did not want any more stolen. He did not say that we should restore the stolen land to the people. I want to see an opportunity given of restoring this land to the people.
As in the case of the Forest of Dean, Crown lands have played a considerable part in the constituency that I represent. In the earlier Debates on this Bill I had an assurance from my right hon. Friend the Chancellor of the Exchequer that Crown lands were not affected. As the hon. Member for the Forest of Dean (Mr. Price) has raised the matter again, it might be useful if the Solicitor-General would reaffirm the position that Crown lands are not affected.
I have not intervened before on this question of commons, but I have taken a very great interest in what has happened. I want to be certain that the sort of land that I think of as a common or an open space is really covered by the Chancellor's proposals. This is a very technical subject, and the Committee are grateful to my hon. and learned Friend the Member for Ilford (Mr. G. Hutchinson) for going into the technical difficulties, and showing how difficult it is to define a common or an open space. It certainly has raised a doubt in my mind whether the Government have really covered all the sorts of land that I regard as commons and open spaces.
I particularly want to draw attention to the position in London. Balloon sites, for instance, have been put in all sorts of places, some of which may be described as commons, and in royal parks and parks run by the L.C.C. Others are in crescents and squares, some of which may be public and others private open spaces. In all sorts of places other Government war works have been put, and it is in the interest of the people of London that those places should not in any circumstances be acquired and built upon. In this overcrowded London we want to lower rather than to increase the density. It would be a great mistake to allow these small open spaces, whether they are crescents or squares or triangles, or whatever they are, to be built upon. It is not at all clear whether all these spaces are covered by the definition in the Amendment. I hope that my right hon. Friend, if he cannot satisfy us now, will undertake to reconsider the matter before the Report stage, on the lines of the suggestion of my hon. and learned Friend the Member for Ilford.
I want to reinforce a point made by the hon. Member for the Forest of Dean (Mr. Price). Your predecessor, Mr. Williams, said that the point must not be pursued, but as it has been referred to I want to answer it. I do not want this provision to include State forests. Nothing could be more wrong than that the public should be allowed to wander all over the State forests. They might do damage to wild life and destroy all the forestry plantations. As we are to discuss forestry to-morrow, I hope that it will be made clear that this Amendment does not in any way throw open forests to the public, except with the permission of the Forestry Commission.
All that the Chancellor is doing is to move a series of Amendments which are definitions. The Committee desired that special protection should be given to commons and open spaces, and that, after all the other procedure under the Bill has been gone through, there should be an affirmative Resolution of the House before a common or open space could be permanently diminished in area. If we give special protection to commons and open spaces we must have definitions of commons and open spaces. We have taken, as the definitions of commons and open spaces, the definitions which are found in all the recent Acts. There are three definitions altogether. There are the definition of commons, the definition of open spaces, and the definition of fuel and field garden allotments. The definitions are taken straight out of the Town and Country Planning Act, 1944, Section 14 of which provides for a special Provisional Order Bill procedure for the protection of commons and open spaces under that Act. Surely it must be clear that we shall get into inextricable confusion if we have one series of definitions of commons and open spaces for the purposes of the Town and Country Planning Act, 1944, and a different series of definitions for all the commons and open spaces such as are proposed in the new Clause of my hon. and learned Friend the Member for Ilford (Mr. Hutchinson), for the purposes of this Bill. It is true that there is a limitation imposed by the Chancellor's Clause on the definition of commons and open spaces for the purposes of this Bill. The Chancellor's Clause refers to commons and open spaces new Clause was so as not to bring within the scope of this special Parliamentary protection a great deal of private land on which a few people have rights of grazing or turf-cutting, or something of that character.
If I may cite a personal example, my own land in North Yorkshire would be brought within the special Parliamentary protection if we simply took the definition of commons straight from the Town and Country Planning Act and adopted it simpliciter, for the purposes of this Bill. I have not any objection to that, but the effect of omitting the words "to which the public have rights of access" would be that a great deal of what is in fact purely private land would be brought within the scope of the special Parliamentary protection. The result would be that hon. Members would see on the Order Paper, fairly frequently, Motions for affirmative Resolutions in respect of what is technically a common but what is in fact private property. That, I think, would be undesirable. I think that when hon. Members see a Motion on the Paper for an affirmative Resolution, under this special protection, in respect of a common, they should know that some open space to which the public had hitherto had rights of access was either being abolished or permanently diminished in area. I should have thought that that was the most satisfactory course.
The words "rights of access" apply only to commons, and do not appear to apply to open spaces.
Open spaces have their own definition. It is true that the words "to which the public have rights of access" only apply to commons, but you do not need them for an open space. Ex hypothesi an open space is an area to which the public have rights of access. We are certainly ready to consider, between now and the Report stage, whether those words "to which the public have rights of access" are the proper words. It might be better simply to state the point as a question of fact—"to which the public have access." That might be, from a legal point of view, more satisfactory—I hesitate to express an opinion. So far as the limitation in the Chancellor's new Clause is concerned, we will look into it between now and the Report stage; but I hope that the Committee will accept, as a matter of sheer definition, the definition of a common, the definition of an open space, and the definition of a fuel allotment, which are now to be found in many Acts of Parliament. If we were now to abandon them, we should find ourselves in a state of quite inextricable confusion.
I hope that my right hon. Friend will be very careful about altering the words. There might be a piece of land to which the public have not for some time had any right of access. It might be highly desirable that that land should be taken for public purposes, tout the owner might say, "I do not want this land taken, and there is a very simple way of avoiding that. I will simply say that the public have right of access to it. It is true that they may not have had it in the past, but now they have got access to it." I think my right hon. Friend should be very careful before making any definition.
6.30 p.m.
I want to raise a point which turns upon the meaning of the word "public." I want to be quite sure that the definition of "open space" will cover the class of case which I will mention. A town owns a park, and access to that park is free to burgesses—to a limited section of the public—tout the general public are only admitted upon terms, maybe at a small charge of a penny or twopence or something like that. The park is not free to the general public. I want to know whether that will be covered by the words "use for the purpose of public recreation," whether it is sufficient for a limited section of the public to have that access and use, Or whether it must necessarily be use for the recreation of the general public. I raise this point because I am very much concerned about the park belonging to the royal town of Sutton Coldfield, which covers 2,400 acres and was presented to the town by Bishop Vesey in the reign of Henry VIII. The Committee will appreciate that it is a matter of great anxiety to my constituents that that park should be adequately protected by this definition.
As I have offered to look again at these words "to which the public have right of access," between now and the Report stage, I hope the Committee will now let us have the definition Clause. So far as my hon. Friend's question is concerned, I am advised that the word "public" includes any section of the public, but it is a matter of fact in each case.
May I ask my right hon. Friend if he will deal with the point which I made about those private open spaces? I am sure he will appreciate their importance in planning and in the preservation, for example, of the Green Belt around London.
Perhaps we may look into that and possibly discuss it with my hon. and learned Friend between now and the Report stage.
Amendment agreed to.
I beg to move, in page 33, line 38, at end, insert:
"'drainage board' means a drainage board constituted, or to be treated as having been constituted, under the Land Drainage Act, 1930."
It is necessary to insert the definition of a drainage board, because, technically, I am told, a drainage board is not included in the definition of a local authority.
Amendment agreed to.
Further Amendments made: In page 33, line 38, at end, insert:
"'dwelling-house' means any such permanent building or part of a permanent building as is used as a dwelling, not being the whole or any part of a hotel or boarding-house or the whole or any part of any premises in respect of which a justices' licence for the sale of any intoxicating liquor has been granted in accordance with the Licensing (Consolidation) Act. 1910, and is in force or is, by virtue of Section ten of the Finance Act, 1942, in suspense by reason of war circumstances."
In line 43, at end, insert:
"'fuel or field garden allotment' means any allotment set out as a fuel allotment, or a field garden, allotment, under an Inclosure Act."—[ Mr. Peake. ]
I beg to move, in page 34, line 7, after the first "borough," insert "non-county borough."
I move this Amendment to make quite sure that a non-county borough is included. It has been suggested that "county district" covers it, but I should be glad to have a reassurance.
I am told that this Amendment is not necessary, and that the Local Government Act, 1933, provides that an administrative county shall be divided into county districts, being either non-county boroughs, urban districts or rural districts. It is, accordingly, quite clear that county district includes a non-county borough.
I am very much obliged to my right hon. Friend, and I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Amendment made: In page 34, line 13, at end, insert:
"'open space' means any land laid out as a public garden or used for the purposes of public recreation, or land being a disused burial ground."—[ Mr. Peake. ]
I beg to move, in page 34, line 16, to leave out from "which", to end of line 17, and insert:
"any Regulation authorising the requisitioning and entry on land is in force under the authority of the Emergency Powers (Defence) Act, 1939."
The object of this not altogether unimportant Amendment is this. If the words that I have suggested are substituted for those in the text of the Bill, the effect will be this. The Emergency Powers Defence Act may continue in operation for some time after requisitioning and entry Regulations have ceased to be necessary and have been annulled, but the war period, therefore, for the purposes of this Bill, should be limited to such a period only as the requisitioning powers themselves are in force. The end of the war period is a very important thing under Clauses 13, 19 and 29 of the Bill, and the two-year period fixed by these Clauses should not last longer than is necessary. If my right hon. Friend can see his way to accept this Amendment, then it will be made quite clear that we are only concerned with the Regulations and not with the Act itself.
I appreciate what is in my hon. Friend's mind in moving this Amendment, but I have some difficulty in saying how it would turn out in practice. What my hon. Friend wants is that the war period, for the purposes of the Bill, should be restricted to the period for which Defence Regulations 50 and 51 continue. As a matter of practice, it is quite unpredictable to say whether that will shorten the period in any way, and even more difficult to say by what period it is likely to shorten it, if it will shorten it at all. These two things are completely beyond the evidence that anyone has at the moment and their power to use it, but I should go further than that. I think that we want, in defining the war period, to get a reasonable, acceptable and commonsense definition, and I am sure that, to a great many people, the end of the war period will be when the Emergency Powers Defence Act goes. As it is, my hon. Friend will remember the various restrictions which prevent the continuance of the Emergency Powers Defence Act for more than the limited time, and I think we ought to establish, by our definition of war period, our real limitation in the sense which I have expressed. I take the view, and all those who have considered the matter take the view, that it is quite impossible to say that the effect of my hon. Friend's Amendment would, be to shorten the period.
Having got an opinion of such weight—and I certainly do want to shorten the period, and do not want to do anything that would make it longer—I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Amendment made: In page 35, line 9, at end, insert:
"(6) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which by virtue of the Sixth, Schedule to the Town and Country Planning Act, 1944, or any other enactment, is deemed to be so served.—[ Mr. Peake. ]
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 53.— (Application to Scotland.)
Amendment made: In page 35, line 16, after "Fisheries," insert:
"to the Minister of Town and Country Planning."—[ The Lord Advocate. ]
I beg to move, in page 30, after "council", insert:
"for any reference to a justices' licence for the sale of intoxicating liquor there shall be substituted a reference to a certificate as defined in Part VII of the Licensing (Scotland) Act, 1903, for the sale of excisable liquor; and for any reference to the Licensing (Consolidation) Act, 1910, there shall be substituted a reference to the Licensing (Scotland) Acts, 1903 to 1934.
(2) For references to the freehold of or to a leasehold interest in land, there shall be respectively substituted references to the dominium utile or in the case of land other than feudal land the ownership of land and to a lease of land; references to land subject to be enclosed under the Inclosure Acts, 1845 to 1882, and to fuel or field garden allotments shall be omitted."
These are translations of new matter put into the Bill elsewhere in the Committee stage.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 54.— (Application to Northern Ireland.)
Amendment made: In page 39, line 38, after "Fisheries," insert:
"or to the Minister of Town and Country Planning."—[ Mr. Peake. ]
Clause, as amended, ordered to stand part of the Bill.
Clause 55 ordered to stand part of the Bill.
NEW CLAUSE.— (Saving for agreements.)
(1) Where, whether before or after the commencement of this Act and
( a ) after the construction of any Government war works on any land or with a view to the construction of any Government war works on any land, a lease of that land has been granted to a Minister; or
( b ) in connection with the construction of any Government war works on any land, an agreement in writing has, whether during, before or after the time of the construction thereof, been made by or on behalf of any Minister providing for the grant to the Minister of the freehold of, or a leasehold interest in, that land,
no Minister shall, by reason only of the construction of the works, be entitled, as against, or as against any successor in title to, the lessor or person who is to be the grantor, as the case may be, to acquire that land or any interest in or rights over that land compulsorily under Part II of this Act.
(2) Where, whether before or after the commencement of this Act and in connection with the construction of any Government war works on any land; an agreement in writing has, whether during, 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 that land, which contains either—
( a ) a specific provision that, on payment of a sum or fulfilment of any other condition by that person, the works should belong to that person permanently; or
( b ) a provision specifically requiring the removal of the works or the restoration of the land.
no Minister shall, by reason only of the construction of the works, be entitled as against that person, or as against any successor in title of his to any interest in that land to which he was entitled when the agreement was made, to acquire the land or any interest in or rights over that land compulsorily under Part II of this Act, if the acquisition thereof would defeat that provision of that agreement.
(3) In determining whether a Minister has power under Part II of this Act to acquire an easement over or right restrictive of the use of any land other than the land referred to in the preceding provisions of this Section, the provisions of this Section shall be left out of account.—[ Mr. Peake. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
During the Second Reading Debate, fears were expressed that the provisions of this Bill might be operated so as to override binding undertakings and contracts entered into by Ministers, as to the removal of works and so forth, after the expiry of the war period. This Clause is designed to prevent anything of that kind occurring, and is drafted so as to cover the various classes of case which might arise. There are two Amendments to the Clause, in the name of the hon. Member for The Wrekin (Mr. Colegate), which we shall be happy to accept.
May I ask, Major Milner, if you are calling the Amendment in the name of the hon. Member for Twickenham (Mr. Keeling)? I gather you will be calling the Amendments in the name of the hon. Member for The Wrekin (Mr. Colegate) since the right hon. Gentleman has indicated that these will be accepted. I think it would be well if we could canalise our arguments on this question.
I propose to call the two sets of Amendments.
Question, "That the Clause be read a Second time," put, and agreed to.
I beg to move, in line 24, after "Minister," insert:
"local authority or combination of local authorities."
My right hon. Friend has completely satisfied me and I am very grateful to him.
Amendment agreed to.
I beg to move, in line 24, to leave out from "entitled," to the second "to," in line 26.
I think it would be convenient if we discussed at the same time the other Amendment which stands in my name—in line 28, at end, insert:
6.45 p.m.
As regards an agreement with a local authority, I have a case in my constituency. Twickenham has spent a large amount of money in preserving the view of Twickenham from across the river, from the constituency of my hon. Friend the Parliamentary Private Secretary to the Prime Minister, and buildings have been put up during the war in Twickenham which both Twickenham and Richmond are very anxious to see removed after the war. Richmond is keen on this because they spoil the view of Twickenham from Richmond, which I may say is a very much better view than the view of Richmond from Twickenham. A promise was given to each borough council in writing that those buildings which have been put up at Twickenham would be removed. I cannot think that it is the desire of the Government that these agreements with local authorities and amenities societies should be abortive, and I want to ask why we should not have such agreements included in his new Clause.
I would like to remind the Committee and my right hon. Friend of this agreement. On the Second Read- ing the Chancellor gave us a very clear undertaking to re-draft the Clause and make it clear that it was not the intention of the Government to do anything in the way of overriding agreements. I appreciate that the new Clause is an attempt to carry out the promise. I wonder if the Chancellor has studied the Report of the Select Committee on National Expenditure on the subject. In that Report, which dealt with the requisition of land, and in particular with agreements, to restore any requisitioned land the Committee made certain observations. In paragraph 21 they say that they had inquired into two instances, the first at Windermere—the case which my hon. Friend the Member for Twickenham (Mr. Keeling) mentioned. They say:
"a factory was erected, but it is now out of use, and the buildings will ultimately be removed in fulfilment of the undertaking given."
That is the statement of the Select Committee. The undertaking there was not an undertaking that is covered by the new Clause. It was an undertaking solely given to a body interested in the preservation of amenities and it may well be that the Government Department may carry out the undertaking. But I suggest that it is the obligation of Parliament, in drafting these new Clauses, to see that the particular Ministry involved should carry out the undertaking that has been given. The Committee proceed to say:
"In the second instance, an airfield with hangars has been constructed on 600 acres of farm land and 260 acres of common land in the 'green belt.'… Your Committee were informed that the sole assurance given was to the Ministry of Agriculture and the county council concerned to the effect that the Department would require this site for war purposes only."
In other words, at the end of the war, they would hand it back. It was common land. That assurance is not covered by the Chancellor's new Clause, and if I may refer the Committee again to the conclusion of the Select Committee, they say, in paragraph 33:
"Under the Compensation (Defence) Act, 1939, there is no obligation upon requisitioning Departments to reinstate land in the condition in which it was taken over, but there have been cases in which undertakings have been given. The Air Ministry have in use a part of the New Forset, and the witnesses assured your Committee that the undertaking to restore the amenities there would be honoured. At Windermere, the Ministry of Aircraft Production gave a similar undertaking which it is intended to carry out. Your Committee are not, however, satisfied in regard to the airfield on the second site, also taken over by this Ministry. From the evidence available it appears that the Ministry have not been prepared to give any binding undertaking in this case. They have, however, supplied your Committee with an amplification of what the assurance, referred to in paragraph 21, is held by them to mean."
The Committee proceed to say:
"this case is an illustration of how existing legislation fails to protect common land."
I suggest that in view of that recommendation from the Select Committee we should look very carefully into the drafting of the Chancellor's new Clause, and if, as is the fact, undertakings have been given to local authorities, or to the Minister of Agriculture and also to amenity societies, we should see that those undertakings will be honoured and that there is some form of words in the new Clause that will make it binding upon the Minister to honour those undertakings. I suggest, therefore, that my hon. Friend's Amendment should be supported by the Committee as it is in line with the report of the Select Committee.
I very warmly support the Amendment and hope very much that the Government will see their way to accept it or to suggest some alternative, wording. It surely is desirable that interested persons should include amenity societies, whose whole object is the public interest. They have no narrow, selfish or financial interest. It is also desirable that local authorities, whose view must be assumed to be a wide view and based on public interest, should be covered by the arrangement that is made by the new Clause. Everyone in the Committee must be grateful to the Government for the new Clause, and I hope that they will make it still better by accepting the Amendment.
I would like to support what has been said by my hon. Friend the Member for Thirsk and Malton (Mr. Turton), but I would like to go a little further and ask the Government to consider whether undertakings given to individuals cannot also be provided for. I have in mind the taking by the military authorities of a large area of land for battle-training purposes. An assurance was given to the inhabitants of two villages who were cleared out of the area that they would be allowed to return as soon as possible after the war. I myself gave that assurance on the authority of the military authorities and an undertaking of that kind should be given some legal sanction. It is just possible that the military or some other authority might say that the land was wanted even after the war, and I hope that my right hon. Friend will consider that suggestion.
There are good grounds for not carrying out the proposal of my hon. Friend the Member for Twickenham (Mr. Keeling), but let me say straight away that, as regards the Windermere factory to which he referred, there is not the slightest idea of going back upon the undertaking that that factory will be removed. It is a Ministry of Aircraft Production factory and nobody need entertain the slightest fear that that factory will remain on Lake Windermere. This Clause is inserted in order to avoid the possibility of the Bill being used to override contractual agreements. As far as commons are concerned, there is now to be special Parliamentary protection. No common can be diminished without Parliament being made aware of the fact and having to pass an affirmative Resolution. As far as other land is concerned—private land—the agreements which must be respected and honoured must be agreements with persons who have an interest in the land. It really does not seem practicable to provide for what may prove to be vague assurances given to third parties.
Why is that?
My hon. Friend the Member for Woodbridge (Mr. Ross Taylor) referred to the fact that the military had taken possession of some area and that some military officer—we do not know his rank—told people that something would happen after the war. It does not seem to be practicable to provide an Act of Parliament to cover a case of that description. The fact that a verbal or written assurance was given by a military officer can be proved before the Commission, to which the case will go, and the Commission will give due weight to statements of that character; but it does not seem possible or right to give absolute statutory protection to agreements made with parties who have no interest of any sort in the land. They are not agreements in the legal sense of the word at all. An agreement in the legal sense of the word means an agreement with somebody to whom some consideration moves or from whom some consideration moves; it means something which could be enforced in a court of law because consideration exists. It does not seem to us to be practical or reasonable to provide for some assurance being given to persons who have no interest in the subject matter to be considered, and for these reasons I am afraid that we cannot accept the Amendment.
I hope that my right hon. Friend will reconsider that speech. I have not in the course of the Committee stage on this Bill heard one that was so unconvincing. Let me put the position in its proper light. Some land has been requisitioned for the Government and a written undertaking has been given by a Government Department either to the local authority or, as we suggest in the Amendment, an amenity society. That was done some time ago. Is it suggested that we should allow that Government Department to slide out of its undertaking by that provision of the Bill?
7.0 p.m.
It is quite possible that the owner of the land, who is the person really concerned, does not want to have this undertaking with the local authority honoured. He may wish the Government to take over his property and he may wish to get value for it. It seems to me all wrong that the proposal of the Department should be upset because the local authority intervene and say they have had an assurance.
I am afraid that does not alter my view. It may alter the view of some hon. Members, but not mine. If a Government Department has given a written undertaking that certain steps shall be taken with requisitioned land, I think we should see in Parliament that that undertaking is honoured by Statute, and it is really no excuse to say on this Amendment, "Oh, I can give an assurance that with respect to Windermere, where an undertaking has been given, that the particular Government Department—the Ministry of Aircraft Production—will honour its undertaking."I should hope it will; but what we want to see is, when we have a Saving for Agreements Clause in this Bill, that all the written undertakings that have been given are included. If an undertaking has been given by a Government Department to an amenity society or to a local authority, it was given for some good reason and it should be honoured. It may well be that some owner may prefer, in order to make quick money out of compensation, that it should not be honoured, but that is not in the public interest, and it is in our interest to see that the land of England is restored. I hope my hon. Friend the Member for Twickenham (Mr. Keeling) goes to a Division on this matter.
I am extremely disappointed and surprised by what my right hon. Friend the Financial Secretary has just said. He spoke as if we were trying to incorporate, in this Saving for Agreements Clause, vague assurances. Whatever my hon. and learned Friend the Member for Woodbridge (Mr. Ross Taylor) may have said about oral assurances, our Amendment does not seek to incorporate oral assurances at all. These agreements with amenity societies or with local authorities must be just as much written and precise as agreements with the owner of the land which are covered by the Government Clause. My right hon. Friend suggested that the agreements with the owners which are covered by this Clause are more legal than an agreement with a society or with a local authority. I fail to see that any distinction of that sort can be drawn.
No enforceable decision.
I think that the latter class ought to be enforceable and that is exactly the purpose of our Amendment. My right hon. Friend went so far as to suggest that if the owner of the land did not want the protection of the Clause, he could tear up the agreement with the local authority. That is a most extraordinary suggestion to make. I was also alarmed by his assurance that the agreement given in respect of Windermere, in which I am not particularly interested, would be honoured; he made no reference to the agreement with the borough council of my own constituency and it rather suggested to my mind that that agreement would not be honoured. He made no reference, either, to the very strong Report and recommendation of the Select Committee on National Expenditure. May I. ask him whether he will not reconsider this matter before the Report stage?
I always yield to such a moving appeal as my hon. Friend has made and of course I will look at the matter again. I cannot hold out very much hope that we shall be able to give protection to agreements which are not agreements in the ordinary sense of the word at all, but mere assurances; but we will certainly have another look at the matter.
I am sorry that I was absent at the beginning of the Debate on this Amendment and I would like to ask one question. Where a public authority has actually paid money in order to obtain the preservation of the amenity, would that make any difference? I know of one public authority which has spent a very large sum of money in preserving an area of land near my constituency, and I hope that that will be considered as giving it a definite interest in the land in question. I do not want to go into particulars, but I can quote them if necessary. Meantime, I merely put this down as a general point.
I should have thought that in that case, quite clearly, that would have been an interest in the land.
I appreciate my right hon. Friend's point about not being able to give effect in the Bill to what are mere assurances unsupported by consideration, but may I take it that he intends to give effect in the Bill to all agreements which are supported by consideration, because it is quite possible that there are cases where, we will say, a local authority is not the owner of the land but, none the less, consideration did flow from the local authority at the time the assurance was given? I can conceive of such cases. Will those cases be covered?
I think it is quite clear that they are. Line 17 of the Clause refers to:
"Any person then having an interest in that land."
But I will make certain before the Report stage that that class of case is covered.
To make my point clear, I did not necessarily mean an interest in the land; I meant that in consideration of a satisfactory assurance with regard to a piece of land, they may have done something else to satisfy the Department.
I appreciate the point.
Hitherto I have not been very enthusiastic in support of observations which have come from hon. Members opposite, but on this particular point I really think they are right. This contemplates that an agreement in writing has been made. It is not a mere promise or undertaking, it is an agreement in writing and that presumably is bilateral and not unilateral. Where this agreement has been made in writing, all that is asked is that a local authority or a society or body concerned in the preservation of amenities should be treated as having an interest in the land for the purposes of this Clause. It seems to me that either my right hon. Friend intends to honour these agreements or he does not. Remember, they are agreements which have been made in the past—he has complete control over agreements in the future—but there are certain agreements which have been made in the past with local authorities or with these societies. If he intends to honour them, then no harm can come to him by accepting this Amendment. If he does not intend to honour them, then I think he ought to be made to accept the Amendment in order that he may be compelled to honour the agreement he has made.
I think we rather cloud the issue by speaking of agreements. If there has been an agreement there has clearly been consideration passing; and if there has been consideration passing, then of course there will be an interest in the land within the meaning of the Clause—
I am sorry to disagree with my right hon. Friend—
—but it surely is, a misnomer to speak of something as an agreement which in point of fact is no more than an assurance.
No, with great respect I must disagree with my right hon. Friend. This only deals with agreements in writing, and all that is sought is that where there are agreements in writing they should not be confined only to the person having an interest in the land but to other people with whom those agreements have been made. It would be open to my right hon. Friend to say, "This is not an agreement, this is only an assurance, there was no consideration for it." I think it would be a dishonourable thing to do, but it would be open to him to say that this did not apply because it was not an agreement or because there was no consideration. I think the proper thing is to honour any agreement that has been entered into, whether it be with the owner of the land, the local authority or a society, and I hope very much that he will see his way, on further consideration, to accept this Amendment or something like it.
I must say that the position taken up by the Minister really horrifies me. It seems to me he is quite deliberately proposing that an assurance given by the Government should be dishonoured. Surely when the Government give an assurance to a private owner of anything they ought to honour that assurance, even if it is not in writing, particularly assurances given early in the war, when people were prepared to accept a verbal assurance in order not to delay matters which were urgent. When an agreement or assurance is given by the Government they ought to keep it and say in the Bill that they intend to do so.
I am extremely perturbed by the remarks of my right hon. Friend on this subject. He used a most unfortunate illustration, as he will see if he reads HANSARD to-morrow. He said that if an agreement had been made with a local authority and some private owner did not wish it to be honoured, the agreement could then be torn up. He may not have meant that, but really we cannot let it go out to the local authorities that that is the intention or a possible action on the part of the Government. Of course the Government must keep all its assurances and agreements. It must set a standard higher, if anything, than the ordinary standard, and no one would dream of cheating a local authority by saying that somebody had a monetary interest in the legal sense of the word, had received consideration, and did not want it to be done, and therefore the agreement must be torn up. Speaking as one who is largely concerned with local authorities, I do beg my right hon. Friend to look at this matter again and see if he cannot satisfy us on the Report stage.
I did undertake a quarter of an hour or so ago to look at the matter again to see if I could satisfy my hon. Friends before the Report stage.
The right hon. Gentleman held out very little hope.
That assurance, I can assure hon. Members, will be regarded as binding by me.
I want to put this point, that public authorities when trying to sterilise land very often get agreements from some of the more public-spirited owners and have to compensate others, so that we get a sort of patchwork, part of which has been met by agreement and part by agreement plus consideration. I know of a case in which a county council, acting under Section 34 of the Town and Country Planning Act, saved from development some 30,000 acres, about two-thirds of which was sterilised without any cost through the public-spirit of the land owners, but one-third of which had to be paid for very heavily. It seems hard that in one case this shall be binding and in the other it is extremely doubtful whether it is binding or not. I hope the Financial Secretary, when going into this before the Report stage, will consider cases of that sort.
If the Financial Secretary is advised, during his reconsideration, that an agreement with a local authority or an amenity society on this matter is not an agreement because there is no consideration, then I think he should consider whether he will not add words about an assurance which would give legal protection to such agreements or assurances. On the understanding that he will reconsider the whole matter I beg leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Amendment made: In line 27, after "II," insert "or Part V."—[ Mr. Colegate. ]
Clause, as amended, added to the Bill.
NEW CLAUSE.— (Compensation under S. 2 of Compensation (Defence) Act, 1939, for removal of fixed machinery or plant.)
Where the damage in respect of which a sum falls, or would but for this Section fall, to be paid under paragraph ( b ) of Sub-section (1) of Section 2 of the Compensation (Defence) Act, 1939, consists wholly or in part of the removal of fixed machinery or plant, such reduction, if any, in that compensation shall be made as may appear to the General Claims Tribunal to be just having regard to the way in which the machinery or plant has in fact been dealt with, the likelihood of the machinery or plant being in fact replaced on the land and the reasonableness of replacing it thereon, and any other circumstances which may appear to the Tribunal to be relevant:
Provided that nothing in this Section shall authorise the making of any reduction if the making thereof would be inconsistent with any provision of any such agreement as is mentioned in Section fifteen of the said Act.—[ The Solicitor-General. ]
Brought up, and read the First time.
7.15 p.m.
I beg to move, "That the Clause be read a Second time."
This new Clause deals with a short and simple point. In many cases where factories have been requisitioned it has been necessary to remove fixed machinery from the factories and place it elsewhere, or it may be, store it elsewhere, and as that is a legal part of the land, it comes into the question of compensation. The Committee will readily appreciate that it might not have the value which the machinery on the site would have and, therefore, we suggest that it should go to the general claims tribunal to decide what the value is, and what the compensation should be, according to the criteria which are laid down in the Clause. In certain cases agreements have been come to and in these cases we do not want the agreebents disturbed and so the proviso is inserted in order to keep them safe.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
NEW CLAUSE.— (Repeal of certain provisions of the Agriculture (Miscellaneous Provisions) Acts, 1941 and 1943.)
Sub-sections (3) and (4) of Section nine of the Agriculture (Miscellaneous Provisions) Act, 1941, paragraph 3 of the Fourth Schedule to that Act, and paragraphs 3 and 4 of the Second Schedule to the Agriculture (Miscellaneous Provisions) Act, 1943 (being provisions applicable to compulsory purchases of land under those Acts which are rendered superfluous by the provisions of Part II of the Town and Country Planning Act, 1944, and Part VIII of this Act), are hereby repealed.—[ The Solicitor-General. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This short new Clause deals with Subsections (3) and (4) of Section (9) of the Agriculture (Miscellaneous Provisions) Act, 1941, and certain other provisions of that Act, and of the similar Act of 1943. It is intended to clarify the legal position as to purchases under these two Acts. They both provide, in effect, for the reduction of compensation in order to set off appreciation due to the emergency, for compensation being assessed by reference to the condition of the land taken at the date of its requisitioning under the Defence Regulations, and for the adjustment of compensation, having regard to any compensation paid under the Compensation (Defence) Act in respect of the requisitioning. The 1941 Act also has a provision about war damage. All these matters now fall to be dealt with under Part II of the Town and Country Planning Act, 1944, and Part VIII of the present Bill. There is no great difference between the provisions, and they represent the later and more considered view of Parliament in dealing with the matter. I do not think it would be a hardship, but only logical and right that the later provisions should prevail.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
NEW CLAUSE.— (Amendment of procedure where land is purchased by a drainage board.)
Where a drainage board proposes to purchase under the Land Drainage Act, 1930, land which is in their possession by virtue of an exercise of emergency powers or is, by virtue of an exercise of emergency powers, being used by them for the purposes of that Act, the Minister of Agriculture and Fisheries, if he thinks fit, may—
( a ) direct that paragraph 4 of the Fourth Schedule to that Act (which relates to the publication and service of notices of orders authorising the compulsory acquisition of land) either shall not apply or shall apply subject to such modifications as may be specified in the direction;
( b ) confirm the order authorising the acquisition of the land without causing a public inquiry to be held, notwithstanding that the case is not one where the objectors agree that the questions raised relate exclusively to matters which could be dealt with by the arbitrator to whom questions of disputed compensation are to be referred under the order.—[ The Solicitor-General. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This new Clause refers to purchases by a drainage board of land which has been requisitioned by them during the war, and which is in substantially the same position as purchases by a local authority of similar land. Provision is made for relaxation of the requirements for the service of notices and public inquiries where, in effect, the use of the land has already been decided by what has been done under emergency powers. Although a drainage board is not, technically, a local authority, as has been pointed out earlier to-day, we think that the same considerations should apply to drainage boards, and that they should be in the same position.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
NEW CLAUSE.— (Provision of land in lieu of land acquired under the Defence Acts.)
(1) Where a Minister proposes to acquire any land under the Defence Acts, he may acquire under those Acts by agreement any land with a view to the exchange thereof for all or any of the first mentioned land:
Provided that where the first mentioned land consists of or includes the whole or any part of any common to which the public have rights of access or of any open space, the power conferred by this Sub-section shall be extended so as to authorise the purchase of land with a view to its being substituted for the first mentioned land, otherwise than by way of exchange.
(2) Where a Minister provides land in substitution for land acquired by him under the Defence Acts which is or forms part of a common, open space or fuel or field garden alllotment, he may by order provide for vesting the first mentioned land in the persons in whom the second mentioned land was vested, subject to the same rights, trusts and incidents as attached to the second mentioned land:
Provided that where the land is provided otherwise than by way of exchange, the persons in whom the land is to be vested shall be such as may be specified in the order and the rights, trusts and incidents to which the land is to be subject shall be such as may be so specified, being rights, trusts and incidents which in the opinion of the Minister are as nearly as may be the same, so far as regards the rights of the public, as those which attached to the land acquired.
(3) Any reference in this Act to the power to acquire land by virtue of Part II thereof shall be deemed to include a reference to any power to acquire land by virtue of this Section.—[ Mr. Peake. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This Clause, and the following new Clause in the name of my right hon. Friend ( Overriding provision as to purchase of certain commons and open spaces ) have already been freely discussed in the Committee at various stages. This is an Enabling Clause, and it is to enable Ministers who have powers of acquisition under the Bill to acquire land for adding to commons by way of substitution for any land which they may find it necessary to take from the common. The following Clause provides for Parliamentary sanction where the common is diminished in area.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
NEW CLAUSE.— (Overriding provision as to purchase of certain commons and open spaces.)
Where proposals for the acquisition of land under Part II of this Act include proposals for the acquisition of land which consists of or includes the whole or any part of a common to which the public have rights of access or an open space, the Minister shall not, in pursuance of those proposals, acquire, or serve notice to treat for the acquisition of, any part of that common or open space unless each House of Parliament resolves that the proposals, so far as they relate to that common or open space, ought to be proceeded with:
Provided that this Section shall not apply where the Minister of Agriculture and Fisheries in the case of a common, or the Minister of Town and Country Planning, in the case of an open space not being a common, certifies that other land, not being less in area and being equally advantageous to the public, is to be provided in lieu of the common or open space or part of a common or open space which is proposed to be acquired.—[ Mr. Peake. ]
Brought up, read the First and Second time, and added to the Bill.
NEW CLAUSE.— (Increase in rental compensation under s. 2 of the Compensation (Defence Act, 1939.)
(1) Where, before the passing of this Act, possession has been taken of any land in the exercise of emergency powers and the compensation payable in respect thereof under paragraph ( a ) of Sub-section (1) of Section two of the Compensation (Defence) Act, 1939, has (whether by agreement or otherwise) been determined by reference to a level of rental values which is both—
( a ) less than that obtaining in respect of comparable land on the thirty-first day of March, nineteen hundred and thirty-nine; and
( b ) less than the level of rental values obtaining in respect of comparable land on the appointed day,
any compensation payable under the said paragraph in respect of the taking of possession of the land which accrues on or after the appointed day shall be determined by reference to the level of rental values obtaining in respect of comparable land on the said thirty-first day of March or that obtaining in respect thereof on the appointed day, whichever is the lower, and the compensation shall be determined accordingly:
Provided that this Section shall not apply in relation to any land unless, not later than six months after the appointed day or after the end of the period for which possession of the land is retained in the exercise of emergency powers, whichever is the later, a person who, as at some date not earlier than the appointed day, would be entitled to occupy the land but for the fact that possession thereof is or was so retained, gives notice in such form and manner and to such authority as may be prescribed by rules made by the Treasury under the said Act that he desires that this Section should apply in relation to the land.
(2) In this Section the expression "the appointed day" means such day (not later than the end of the war period) as the Treasury may appoint.—[ Mr. Peake. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This Clause was mentioned on an Amendment by my hon. and gallant Friend the Member for Hornsey (Captain Gammans) late last night, and it was also referred to when we were discussing, earlier, the question as to whether Clause 30 should stand part of the Bill. It provides for a reduction, on the application of the person whose property is under requisition, of the rent payable under the requisition where the property is held beyond a normal period under the provisions of Part VI of the Bill.
I should not like my silence to be regarded as indicating my approval of the continuance of the 1939 ceiling into the post-war period. I took the opportunity of making some remarks upon that when we discussed Clause 30, and I would not like to inflict them again on the Committee. But I would like to recall one point. I heard my hon. Friend the Member for South Croydon (Sir H. Williams) reminding the Committee of the manner in which the Compensation (Defence) Act, 1939, was passed on 1st September of that year. We all remember that it went through on the nod, without the slightest discussion or consideration of its terms. Under those cir- cumstances, it is not right that we should extend what was intended to be a temporary war-time measure into the post-war period.
It is true that the terms of the Compensation (Defence) Act itself do not limit the operation of the Act to the war period, but I am quite certain that that was the intention of Parliament. It does limit its operation to measures taken during the war period, but the Act itself does not cease to operate at any particular time. I am quite sure that when all those Measures were rushed through on 1st September, 1939, Parliament never intended that they should continue to have effect after the end of the war period. This new Clause is a good one so far as it goes, but it does not go far enough, because it still carries on the 1939 ceiling. It should substitute a ceiling appropriate to the appointed day, if we are to have a ceiling at all. This is a matter of some principle, of rather more far-reaching importance than the matter with which this Clause is actually concerned, and I think my right hon. Friend should give it careful thought before he extends the principle embodied in the Compensation (Defence) Act into the post-war period.
As a representative of towns which are rather noted for their hotels and boarding houses and which have suffered very much harsh treatment by requisitioning during the war, I feel bound to express some gratification at the crumbs of comfort which have fallen—I will not say from the rich man's table—from my right hon. Friend. I cannot, however, pretend to have any great degree of satisfaction, and I would like to endorse what my hon. Friend the Member for Tamworth (Sir J. Mellor) has just been saying. Early to-day my right hon. Friend said that it would be illogical to depart from the general principles of the 1939 value. I would not presume to dispute with him in logic, but I suggest that in equity it is very harsh to apply this ruling to the business of hotel keeping. Practically all the hotel proprietors I know would much prefer to regain now possession of their hotels than to have rent at current values, because hotels suffer from requisitioning however satisfactory their rent, inasmuch as they aim at making a profit over and above their rent, and sometimes do. Further, those who have had their hotels requisitioned feel very much indeed that their more happily placed rivals are gaining a great deal of goodwill at their expense. So they suffer a good deal over and above a fair rent, although they will contribute that to the cause, knowing that it is necessary in the public interest, but they do expect a rent which will cover their expenses and mortgage interest.
Almost every bank manager in Scarborough has been to see me and is very worried indeed about the requisitioning, because the terms offered are often inadequate to enable hotel proprietors, who are their creditors, to cover their interest on their loans. The bank managers are concerned perhaps out of love for hotel proprietors, but perhaps with a certain amount of self-interest. May I give a brief illustration of my own experience? I have a flat in Scarborough for which I pay a rent of £100 a year and I have no doubt at all it is worth quite a lot more. But as my lease is nearly up I hope that this is one of the many occasions on which my constituents will not read my speech. Next door is a hotel with six times its capacity, for which a rent of £160 a year was offered, quite insufficient for the owner to meet his obligations. Now we are dealing with a post-war situation I feel that requisitioned hotels and boarding houses should be treated comparatively with other people, and should get the rents which they are worth in the market. There is one other point I want to make. This increase in rent is only to be paid from the appointed day when these arrangements are made, and as that may be many months off, I would ask my right hon. Friend to consider making any increased rent available for these hotels and boarding houses, which are still requisitioned, retrospective from the end of the war with Germany.
7.30 p.m.
The hotels in Brighton being so vastly superior to those in Scarborough, I wish to endorse what my hon. Friend the Member for Scarborough and Whitby (Mr. Spearman) has said, only more so. I think my right hon. Friend the Financial Secretary was a little ingenuous in explaining the effects of the new Clause. He put it before the Committee rather as though it were an enabling Clause to enable transactions of this kind to be reopened and a new rental adjusted. I think the impression left on anybody who has not studied the Clause is that it is of universal application. That is not so. The Clause applies only in certain cases, and only to those cases in which the Government have already driven a hard bargain. It is as though the Government's conscience were awakening and they realised that in some cases they had had too much of a good thing; those cases, they say, they will reopen, but other cases will not be reopened. There are two qualifications before the bargain can be reopened. The compensation rental must have been less than that at 31st March, 1939, and less than the level of the current rental. There might be something to be said for the Clause if the word "or" were substituted for "and", but before an agreement can be reopened under the Clause, both of those requirements have to be satisfied. I ask my right hon. Friend to reconsider the matter and make the Clause of wider application so that those requisitioned premises in respect of which the rental really bears no proper relationship to current values shall come within the Clause and be capable of being reconsidered.
There is one other point I want to make. The onus of making a claim is thrown on to the owner of the property. I see no reason for that. Surely, the Treasury must be in a position to know whether, assuming the qualification which there is in the Bill before a bargain can be reopened, a property comes within the classification or not, and if it does, it is just as well that the Treasury should be prepared to draw the attention of the owner to it or initiate the steps necessary for the rental to be reassessed. Unless the owner happens to exercise his rights within six months, they will be gone for ever. That seems to me to be a very harsh way of dealing with this matter. There are many properties in respect of which the compensation rental is considerably below the rental which could be obtained in the open market at the present time. I ask my right hon. Friend not to limit this Clause in the way in which it is limited at present. I see no reason why, in the case of all the properties affected, the Government should not reopen a bargain which was made in unusual circumstances at a time of considerable stress, when all the relevant factors were not taken properly into consideration, and in many cases when normal considerations were not taken into account. I would like to hear from my right hon. Friend what is the objection to reopening all these bargains so that a fair rental could now be paid.
We are placed in a little difficulty by this new Clause. For five months we have been able to study the Clauses of the Bill, and the Amendment on this subject which was put down by my hon. and gallant Friend the Member for Hornsey (Captain Gammans) has been on the Order Paper for study. But this new Clause was put down so that we got it only this morning, and therefore it is very difficult for us to assess its relative merits. It seems to me that a great injustice is done by the new Clause in a certain class of cases. I am not sure that I agree with my hon. and gallant Friend the Member for Brighton (Lieut.-Colonel Marlowe) that all the compensation arrangements should be reopened, because I think that would be too-large a task; but where, for the purposes of this Bill, the requisition is being continued for two years after the end of the war, if seems to me that new considerations arise. That is the point to which the Amendment of my hon. and gallant Friend the Member for Hornsey was directed. In those cases I think there ought to be compensation at what is the value at the end of the war. What relation have those cases to the March, 1939, value? All the neighbours of a man may be getting the advantages of whatever prices there may be at the end of the war, and whether those prices are lower or higher, I think that if a Government Department continues the requisition of a property, it should pay the market price for it. I am not so much concerned with normal cases where the compensation rent has gone on during the war period. It has been the intention of Parliament and of the country to ensure that nobody made a profit out of the war, and while our troops are getting their present rates of pay, it would be very wrong for us to try to raise compensation rates during the war period; but when we reach the stage of demobilisation of the Forces and of land, it is only right that a new system of compensation should be established. That system ought to be related to the value at the end of the war and not to the March, 1939, value.
This new Clause has not been received with quite the enthusiasm that I had anticipated. The Clause does give a good deal. On the application of a person whose property has been requisitioned, it enables a revision of the rent to be made in an upward direction. It does not, as my hon. and gallant Friend the Member for Brighton (Lieut.-Colonel Marlowe) desires, automatically reassess all requisition rents. To my mind that might, for the property owner, be a very unfortunate thing to do in many cases. I know of quite a number of country houses which are so large that they are never likely to be lived in again and for which the owners are now receiving a good rent. If that rent had to be revised on the basis of the current value, they would surely obtain something substantially less.
Surely my right hon. Friend is not quite right in what he is saying. Under the Clause, a bargain would not be reopened unless the owner of the property made an application, and in the circumstances which my right hon. Friend is mentioning, the owner would not do so.
That was the point I was making. My hon. and gallant Friend said that the Government ought automatically to make a re-assessment of the existing rent in every case. It is reasonable to provide that there shall be an application by the owner for an increase in cases where he thinks an increase can be justified. The other point to which my hon. Friends object is the fixing of the 1939 ceiling. Where requisition is prolonged after an appointed day, there will be scope for an upward revision of the rent, but my hon. Friends, although I presume they are grateful for that, say it does not go sufficiently far. They say we should allow the new rent to be fixed at the current value if that is higher than the 1939 value. That would seem to me to conflict with the policy which the Government have adopted ever since the outbreak of war in relation to a number of Acts under which land may be acquired. The matter has been discussed in the House on innumerable occasions, and, as hon. Members know, all purchases of land for planning purposes now take place under Part VIII of the Town and Country Planning Act, and for the next five years the 1939 ceiling has been fixed. It seems to me that it would be unreasonable in the one case to have the 1939 ceiling for acquisition, but in the case of mere requisition, in respect of which a rent is payable, to allow the rent to soar up to a figure which might be of a purely temporary character caused by everybody wanting to go to a particular seaside resort at a certain time. It seems to me that if we have the 1939 ceiling for the acquisition of land, we must also have it for the leasing of property, and it would be quite inconsistent for the Government to do other than they have done in this new Clause. But this Clause will confer a very substantial benefit on large numbers of people whose property was requisitioned in 1940 in seaside towns, when many of the people had cleared out on account of the fear of invasion and when rentals were at a very low level. I ask my hon. Friends to accept a gift for what it is worth.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
NEW CLAUSE.— (Revision of amount of estate duty or succession duty in certain cases.)
Where it is proved to the satisfaction of the Commissioners of Inland Revenue—
( a ) that in ascertaining the amount of the compensation which any person has received or is entitled to receive in respect of the acquisition in pursuance of this Act of any land or of an easement over or right restrictive of the user of any land or the discharge or modification in pursuance of this Act of any restriction as to user of any land or as to building on any land the value of any interest in any land (in this Section referred to as "the interest in question") has been assessed on the basis (in this Section referred to as "the Planning Act basis") of ascertaining the value by reference to prices current at the thirty-first day of March, nineteen hundred and thirty-nine, and making, where deemed appropriate, any addition thereto or deduction therefrom permissible in pursuance of the provisions of Part II of the Town and Country Planning Act, 1944; and
( a ) that in ascertaining the amount of any estate duty payable on the death of any person who has died on or after the said thirty-first day of March or any succession duty payable on a succession occurring on or after the said thirty-first day of March the interest in question has been valued (either as the same interest in the same land or as part of the same interest in a larger parcel of land or as part of a larger interest in the same or a larger parcel of land) at a higher figure than that at which it would have been valued if the valuation had been made on the Planning Act basis;
the said Commissioners shall cause the amount of such estate duty or succession duty to be revised so as to assess the value of the interest in question on the Planning Act basis, and, if such estate duty or succession duty has been paid, shall cause the excess of the amount thereof as previously ascertained over the revised amount thereof to be repaid.—[
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This new Clause has a certain relationship with the discussion the Committee has just had, and deals with the change in value. Where the value of land which has been the subject of requisition has been assessed for compensation purposes, that compensation is based upon the 1939 value; but supposing that during this time the owner has died, the value placed upon the land for the purposes of Estate Duty is that of the current value. Consequently taxation for Estate Duty is based upon one set of considerations and compensation, or in the case of acquisition, the price paid, is based upon an entirely different set of considerations, and is of course, at a very much lower value. This question has been discussed before, and I do not remember exactly what the Government said on the subject. Therefore, I ask my right hon. Friend to give an explanation, and to bear in mind that this new Clause, and the point I am now raising, has far greater significance to the owner of land than was the case when the hypothetical acquisitions under the Town and Country Planning Bill were before the House.
I am happy to respond to the request of my hon. and gallant Friend the Member for Ripon (Major York), and I hope I can remind him of the matter about which he asked in a short statement. The question of correcting any discrepancy between the valuation for Estate Duty purposes and the valuation for compensation purposes was raised in the Committee stage of the Town and Country Planning Bill on 25th October of last year. I should like to repeat the assurance that my right hon. Friend gave. He said:
"If, after Estate Duty has been assessed, there is subsequent acquisition, and the price at which the property or interest is assessed is less than the value taken for the purpose of Estate Duty, then I will provide for the re-opening of that assessment so as to get right any inconsistency between the value on which the taxing authority has proceeded and the value under this Bill for the purpose of acquisition."—[OFFICIAL REPORT, 25th October, 1944; Vol. 404, c. 295.]
My right hon. Friend went on to say that the legislative proposals embodied in the next Finance Bill would be subject to two safeguards, continuity of ownership between the death and acquisition and the fact that the interest in the land must be substantially the same at the two dates. I will take into consideration the additional emphasis which my hon. and gallant Friend has asked me to place on the matter, and my right hon. Friend will take it into account. I think that answers my hon. and gallant Friend's questioning of memory on the point and I hope that after my right hon. Friend's assurance he will look at the problem again and not press the Clause.
Motion and Clause, by leave, withdrawn.
7.45 p.m.
NEW CLAUSE.— (Power for Commission to require rehabilitation of land in certain circumstances.)
(1) Where land has been damaged by Government war work done thereon or by Government war use thereof either the Minister or any person interested in the land may, at any time before the expiration of two years from the end of the war period, apply to the Commission for such a decision as they, are by this Section authorised to give. The matter to which any such application relates shall be deemed to be a matter referred to the Commission within the meaning of Sub-section (3) of Section two of this Act and a question to be decided by the Commission within the meaning of Sub-section (1) of Section one of this Act.
(2) Upon any such application as aforesaid if the Commission come to the conclusion that the land to which the application relates or some part thereof ought to be totally or partially rehabilitated and that possession thereof ought to be had by the person (in this Section called "the rightful occupier") who is for the time being entitled to occupy the same, or, if it is in the possession of a Minister or of a person occupying or using it under the authority of a Minister, would be entitled to occupy the same if it were not in such possession, the Commission may, if they think fit, decide either—
( a ) that the land or the part thereof (as the case may be) shall be rehabilitated as aforesaid by the Minister, and, if it is in the possession of a Minister or of a person occupying or using it under the authority of a Minister, shall, as so rehabilitated, be
( b ) that—
(3) In any decision under paragraph ( a ) or paragraph ( b ) of Sub-section (2) of this Section the Commission may, if they think fit, give any directions as to the manner in which and the time within which the rehabilitation shall be carried out.
(4) For the purposes of Section three of the Compensation (Defence) Act, 1939, any work the excess cost of which is paid by a Minister under sub-paragraph (iii) of paragraph ( b ) of Sub-section (2) of this Section shall be deemed to have been done by a person acting on behalf of His Majesty.
(5) Any decision given by the Commission in pursuance of the provisions of this Section shall be binding upon and shall be carried into effect by the Minister and any person who may be in possession of the land to which the decision relates and occupying or using it under the authority of a Minister, and by any person interested in the land who made the application and any other person who may have any interest in the land or any right to occupation or possession thereof.
(6) If the Commission give such a decision as is provided for under paragraph ( b ) of Sub-section (2) of this Section and the undertaking or the security (if any) is not given or the undertaking is not fulfilled the matter may be referred back to the Commission by any party concerned and the Commission shall decide what is to be done in the matter, and their decision shall be binding on all parties concerned.—[ Major York. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
The Clause has relation to a number of Amendments which my hon. Friends and I have tried to incorporate in the Bill, but this is an additional and a very important point. As the Bill now stands, there is no provision for an owner of land coming within its scope to take the initiative with a view to obtaining restoration. If a Minister wishes to acquire land the whole machinery of the Bill can be put into operation but, if he does not wish to acquire it, there is no power by which the owner, whether a private or a corporate owner, can come forward and say to the Minister, "I want to restore this land and I want your help, and that of the powers in the Bill, to bring about that restoration." The Clause is, therefore, proposed with the object of giving such power of initiative to any person interested in the land, or to the Minister, by means of an application to the Commission, and giving the Commission power to make a binding decision in the matter. There is a point in the wording of the Clause, to which I am not in the least bound and Amendments which I should be perfectly willing to accept, in regard to the wording "rightful occupiers." We had a small discussion on this on an earlier Clause, and, as the Minister rejected an Amendment out of hand, we did not have a discussion on the actual words used there—"the rightful occupier." It may be that that is not the right phrase and that some other could be devised. If the Minister accepts the principle I am perfectly willing to withdraw the Clause and allow him to incorporate into the Bill at a later stage the provisions I am now putting forward.
On a point of Order. Is it in Order to discuss with this Clause the Clause in the name of my hon. Friend the Member for Stone (Sir J. Lamb)—( Restoration of land )?
I think that Clause can be discussed with this one.
There is an additional argument for the Clause which I wish to address to the Committee. I think it is the general wish to have as much land restored as possible, and also to see that the money paid out in compensation shall be used for the restoration. I cannot see how we can have any control over the latter difficulty unless this Clause, or something like it, is passed. If it is passed the Minister will be able to bring before the Commission a case where he thinks that much of the compensation that is going to be given ought to be used on the land that has been requisitioned. There is one part of the country, in which I am specially interested, where I believe the Clause would have a great effect. My right hon. Friend touched on it earlier when he said the Government have taken the whole of the heather and soil off a great part of the Yorkshire moors and added, "We do not want that rehabilitated. It would cost too much. Let nature do its work." I agree with him. I believe that these moorlands, which have been used as tank training grounds, will in 10 years be again useful for the grazing of sheep, which is their proper function to the community.
But that is only a part of the picture. The fences and walls which have been built in the last 300 years have all been destroyed, and that has meant that vast acres of Yorkshire moors have become derelict. Sheep can no longer be kept on them. Scotch sheep in Yorkshire, unless restrained by a wall, make damaging inroads on the neighbouring ground I have discussed the matter at some length with representatives of the War Office, who are deeply concerned over the problem of damage to the moors. The Act of 1939 will not give enough compensation to allow the walls to be replaced and the land will remain derelict. The owner will only get the 1939 value. The sheep will be lost to the moors for ever, whereby many people will lose the opportunity of eating the mutton, and many more will lose the opportunity of being in the agricultural industry as a job when they return from the Forces. So it is a major problem. The acreage involved is very large. In my constituency an area of 25 miles by 12 is affected, and I expect that other parts of the area have also been used for tank training. Clause 47 will be no good in this case, because no one will wish that the Minister should try to acquire an area of Yorkshire moors 25 miles by 12. They would not attempt to rehabilitate it.
I am glad that the Minister in charge of this is the Financial Secretary, because he is not only very skilled in the finances of the country but also has a deep knowledge of sheep farming, especially moor sheep farming, and he will appreciate the problem with which we are faced. I do not like the words "rightful occupier" but there was no other way in which to express our desire that the man who, before the tanks came on the spot, was carrying on should get the money with which to put up the walls. I hope the Governmnet will do something now to see that the land is restored and that the money that is received by way of compensation is, wherever possible, put in the and not taken away and spent outside it. I know of some cases where compensation has been given for damage and the money has drifted to the towns and the countryside has lost thereby, and that I believe to be very wrong. I ask the Committee either to accept my Clause or to frame one which has the effect that we desire.
8.0 p.m.
I agree as to the need for some such Clause as this. I am certain that a lot of landowners would like to take advantage of it in getting their land restored, and not only private landowners but public authorities as well. I know that to be a fact in my own county, where very large areas of the South Downs which have been used for practice camps are in a state in which it seems almost hopeless for anyone, unless possessed of considerable power, labour and machines, to get them right. They are seared with tank obstacles, trenches and shell-holes, crossed with masses of barbed wire, and, what is worse, a considerable number of blind shells, bombs and other things are scattered across them.
I feel that that sort of mess is much better cleared up by the Government with the aid of the Services than by private individuals. The Government could use bulldozers and other machinery, they have experts who could deal with the blind shells and bombs, and they ought to have a large pool of man-power in the prisoners of war who could be used for this purpose. Another reason why a Clause of this sort is wanted is that, unless the work is done by the Government, there will be a great danger of some of the money paid in compensation not being spent as it should be in restoring the land. The only way of seeing that the work is properly done is to let the Government do it. That view is supported by the local authorities in my county.
I would like to reinforce the arguments which have been used by my hon. Friends as to the desirability of the Government undertaking the rehabilitation of damaged or displaced land and of damaged or altered buildings. It is not only a case that money paid in compensation for damage may not find its way directly into restoring the damage, but it is a fact that most owners of property are unable to command the labour force, machinery or organisation to undertake the restoration of damage on a great scale. I would like to give an example of what has happened in my own county in the way of repairing damage and making good what has been damaged by the Government. In March, 1940, an immense so-called tank obstacle of about the depth and the width of a fair sized canal, with a forest of barbed wire on each side of it, was drawn right across the North of the county. It went through everything that happened to be in its way. Obstacles of a substantial nature were put up where it crossed roads, and it cut agricultural drainage and a good deal of other drainage. When it became redundant with the passing of the emergency, the War Office proposed to pay a sum in compensation to the numerous owners, some of them very small and some considerable, through whose land this obstacle passed, and proposed to tell them to make it good. It would have been certain that that never could have been done. There was difficulty about labour and machinery, and many of the smaller owners could not have commanded the labour and machinery to do it under any circumstances.
Consequently, some of the Members for the county approached Members of the Government and made an appeal that the work should be done by the Government. Thanks to the good offices of the Members of the Government, one of whom is a Member for the county, the Ministry of Works undertook to make good this obstacle. I do not hesitate to say that those of us who have been most anxious that this should be done were extraordinarily surprised at the speed with which it was possible for a Government Department undertaking this work to get it done. There was an army of bulldozers and pioneers of the Army were used. There was organisation, and there was no doubt about the Government being able to command the necessary labour. That tremendous Obstacle was satisfactorily filled in and the wire was removed in an incredibly short time. Now, instead of growing weeds and having its drains cut, the land is once more restored to agriculture.
I suggest that that process might be undertaken by the Government and that a provision that it should be undertaken might well be put in the Bill. There are numerous other forms of Government damage which could be far better tackled by the Government than they could possibly be by private owners. No private owner can command the labour and machinery or, what are very important, the priorities to get this kind of work done. In this period of the war, it would not be amiss to say that we shall definitely use some of the enormous quantity of German prisoner-of-war labour that will shortly be available. It is absurd that there should be any question, considering the immense damage that Germany has done to this country and to the whole of Europe, about using German prisoner-of-war labour and enforcing it with no nonsense about it, as there is undoubtedly in the case of the Italians, who are treated much more as free labour and guests than as prisoners of war.
I expect that my hon. and gallant Friend has noticed that the Trades Union Congress approve of the principle of employing German prisoner-of-war labour?
This is going much too far. We cannot go into that now. I cannot see what German prisoners have to do with this new Clause.
I am glad to hear what my hon. Friend tells me. I suggest, Mr. Williams, that the use of German prisoners has a great deal to do with this Clause, because it cannot be given effect to unless adequate labour is available. I suggest that only the Government can command that labour and that they could augment it considerably by prisoner-of-war labour.
That is going beyond the new Clause. We cannot discuss the amount of labour available.
I bow to your Ruling, but I suggest that the Government is the only organisation which has the power to get this work done and that, therefore, it ought to undertake it. There are many forms of damage which the Government could deal with far better than anybody else. My hon. Friend the Member for Thirsk and Malton (Mr. Turton) has referred to the Yorkshire commons. There are commons in other parts of the kingdom besides Yorkshire, and some have had tanks operating over them, with the most deleterious effect on the soil and drainage. Only gyrotillers and machinery of that kind can deal with it, and only the Government can command sufficient of such machinery to deal on a large scale with damage to commons. It will cost the country no more money, but it will ensure that whatever money is given as compensation Is properly used for the purpose for which, it is voted, and I hope my right hon. Friend will see his way to accept this Clause.
I hope the Financial Secretary will be able to hold out some prospect that either this Clause or some Clause with similar provisions will be put into this Bill. I wish to draw attention very briefly to a different aspect of this matter. The Committee will readily appreciate that there are many war works which, whatever their merits, could not in any circumstances be regarded as additions to the amenities of the neighbourhood in which they exist. There are other classes of war works which constitute an interference to the ordinary amenities and facilities of a neighbourhood. As the Bill stands, there appears to be no means by which war works of that nature can be removed, and there are no means by which, where a war work is an interference with an amenity in a particular neighbourhood, the authorities responsible for the protection of the amenities can ensure that when compensation has been paid it will in fact be applied to the removal of the war work. There is on the Order Paper a Clause standing in the name of my hon. Friend the Member for Stone (Sir J. Lamb) which provides that in cases of this nature local planning authorities or local highway authorities shall be entitled to intervene and make representations before the compensation is paid, so that in place of paying compensation the Minister concerned shall remove the offending war work.
If I may, I will illustrate the need for that provision with a very simple example. Every member of the Committee is acquainted with the pill-boxes which sprang up in large numbers in different parts of the country. There is hardly a country lane in which a pill-box is not to be found. Those pill-boxes are constructed of concrete, and the cost of removing them would be very considerable. The actual value of the land upon which they stand, which is the measure of compensation in respect of the interference, is very small. What will happen to those pill-boxes? Unless there is some means by which the authorities are compelled, to take them away, they will remain. If the landowner is paid compensation, the compensation will fall far short of the cost of removing the pillbox. Indeed, it is asking too much of the landowner upon whose land one of these objects rests to expect him to go to the expense of taking away this object in order to safeguard the amenities when he is to receive only compensation based upon the value of the land upon which it stands. I hope the Financial Secretary or my right hon. Friend will be able to hold out some prospect that there will be inserted in the Bill some provision which will enable the local planning authorities or the local highway authorities, which are the authorities mainly concerned, to ensure that these offending war works will in fact be removed.
I would like to say a word at this point. I think I can fairly claim that the Bill, in the form which it has now assumed, contains a number of provisions which testify eloquently to the desire of the Government that an active policy of restoration should be pursued. I do not join issue with my hon. and gallant Friend the Member for Petersfield (Sir G. Jeffreys) in what he said as to the desirability of having obstructions and eyesores removed as far as practicable by the efforts of the Government, who, as he rightly says, have at their disposal resources which the ordinary owner does not command. But it will not have escaped the attention of the Committee that the hon. and gallant Gentleman very fairly gave an account of an existing state of affairs which is in no way dependent upon adding anything to this Bill. The Government have been doing all that. The question which arises on this Clause, and on other proposals before the Committee, is not, I suggest, simply whether or not it is desirable that the Government should take steps to restore the land on which war works which constitute an eyesore or an obstruction have been constructed, but whether the Commission are to be put in the position of having, at the instance of some private individual or local authority or some other body, to take the whole matter into consideration and give decisions which in all circumstances will be binding on the Government Department concerned. I do not think it is reasonable to suggest that great Departments of State should be put into that position. If these proposals are carried, it will not be a question of applying bulldozers to the obstructions so much as applying bulldozers to Government Departments, and I will not support a proposition of that kind.
Take the illustration that was given by my hon. and learned Friend the Member for Ilford (Mr. G. Hutchinson). It was he who referred to the pill-boxes which have been constructed in various parts of the country. I have seen those things. I have one not very many yards from my door. They vary very much in construction and in the extent to which they constitute a disfigurement. It is all a matter of opinion. But there are some very heavy concrete structures which would cost a vast sum of money to remove, a sum of money in many individual cases out of all proportion to the advantages which would accrue, either to the landowner or to the people in the neighbourhood or to the general public. In view of the clear indications which have been given, again and again, by my right hon. Friend and; myself of the general desire of the Government to go as far as possible and practicable to restore this land of ours, in which we are all interested, to a decent condition after this war, it is not altogether reasonable to press for powers to be exercised almost in a penal way against the Government Departments, in order to attain an object about the desirability of which we are all in agreement.
I ask the Committee to leave matters as they are. There are in this Bill special provisions to facilitate the action of the Government in entering upon land for the sole purpose of removing obstructions. Take Clause 28 for example. There are in the Bill provisions which have been put in with my full agreement as Chancellor of the Exchequer, enabling the Government to pay additional sums of money to owners of land, over and above what could be paid under the existing law by way of compensation to enable those owners to restore the land. In certain categories of cases where proposals for acquisition for the purpose of restoring the land come before the Commission, the Commission can so adjust their findings as to place an obligation on the owner to use the money coming to him to restore the land.
There is no existing provision of that sort. Under the law compensation of any amount can be paid to owners, and there is no provision to ensure that the compensation shall be used, to whatever extent may be necessary, to restore the land. There are many provisions, as I have said, which have as their sole purpose to ensure restoration. They have almost been dragged into this Bill for that purpose, because they are not really germane to the purpose of the Bill, which is acquisition by the Government, in the interests of the Government, of war works. I am not exaggerating when I say that we have deliberately seized the opportunity afforded by the Bill to put in provisions which are not in the existing law and which are, in fact, extraneous to the primary purpose of the Bill, just for that purpose about which my hon. Friends are so much concerned.
What they want to do is to go farther, and go much too far, in my view, for the purpose of placing Government Departments, great Departments of State, the heads of which are responsible to Parliament for what is done under their authority, in a position of being dictated to, when they, in fact, are in the best position to judge what is reasonable and necessary, subject, as I have said always, to the supervision of this House. I do not want to go on indefinitely. I think I have said enough to show that I really feel very strongly that it would not be reasonable for the Committee to press the Government to go any further in this direction.
This is one of the few occasions when I consider that the Chancellor is being rather unreasonable in his attitude. In the first place, I said I was not in the least bit wedded to the words in the proposed new Clause. The main point we had in mind was that where damage may have been forgotten, where an owner has had damage done to his property and where the Government do not require to acquire it in order to put it right, in other words, it is not first-class work, there should be some approach to the Commission. Surely that is not any great extension of the Bill, and is not dictating to great Departments of State. That is not making it mandatory upon the Government to do something which they say ought not to be done. It is a reasonable request that where there is difference of opinion between a Government Department and a private or public owner, there should be some appeal from the decision, however weighty and responsible it may be, of a Minister, to this independent Commission in which the Government, and I believe now the House of Commons, have great confidence.
I am very disappointed with what the Chancellor said. In fact, I go so far as to say that he has not answered the case. He was discussing matters quite outside the proposals in the suggested new Clause. So far as I could gather, he was referring to the enormous pains the Government had taken during the course of the Bill to require restoration; but that is not the point of the Clause. The point of it is to see that where damage was done that does not call for the acquisition of the property there shall be some way of getting restoration. To say that it will cost an enormous sum of money to put right some of those war works is beside the point. The Commission can decide that matter. All we are trying to do is to see that the case which the Chancellor put forward shall have the benefit of the wisdom, indeed, the knowledge after some experience, of this Commission. I do not think that is an unreasonable request to make and I very much regret that the Chancellor has been unable to meet it in any way at all.
A very relevant point was brought out by my hon. and learned Friend the Member for Ilford (Mr. G. Hutchinson), on the subject of an aggrieved local authority whose borough is covered with concrete emplacements of various sorts. If the Minister's decision goes against them, they have no appeal whatever. Perhaps a question or two might be asked in this House, but most of us know that that is not always the protection which Ministers sometimes pretend it is. I am sorry that at the close of a very difficult and long Committee stage we should have to end on this note. I ask the Chancellor whether he cannot see his way to allowing a small and limited approach to the Commission in cases where the Government do not wish to acquire and where the owner should have some right to bring his case before the Commission.
I do not want to repeat what my hon. and gallant Friend has said. I agree with every word of his short speech. I want to address one other appeal to the Chancellor on a different point. He failed to meet half the case which was put forward that under the Bill at present there is no power for a Minister to put right the damage he himself has caused on land. The Chancellor was out when I was addressing the Committee on the subject of sheep strays in Yorkshire. Owing to the incursion of the Armed Forces, we have lost our sheep strays. The right hon. Gentleman will be able to read on a future occasion what I said. He referred to Clause 28, which we have already talked about. It deals solely with the case where Government war work has been done on any land. It is true that the Clause enables the Government to remove pill boxes and things like that. Clause 47, which deals with damage to land, makes it clear that all that the Minister does is to make good to any person interested in the land the whole or any part of expense incurred.
We ask in our proposed new Clause—my hon. and gallant Friend the Member for Petersfield (Sir G. Jeffreys) asked in his speech and I asked in my speech—that the Government themselves should use their resources to put right the land of England which they have damaged. I shall not go into the question whether prisoners of war should do it or not. The Government have ample resources to do the work—far greater than have private individuals or local authorities. It may be that the Chancellor will resist our proposal and we may fail by vote to win it. It is possible that by amending Clause 28 he might enable the Government to have the power to which I refer, but I noticed that in his reply to my hon. and gallant Friend on this very point he made no mention of our request that the Government should do the work of repairing the damage that they themselves have caused.
Perhaps I might put in one word before the Chancellor speaks again. We do appreciate the concessions and the reasonableness which we have had from the Chancellor in meeting our views on many points in the Bill. We appreciate it very much indeed, but we ask just once more whether he will meet us. We ask him to believe that we do not mean anything that would break the Bill or anything in the sense of an attempt to put bulldozers against Government Departments. The Bill puts obligations on Government Departments, and surely one more obligation might reasonably be put on them, that is, if necessary, to rehabilitate land which has been damaged. Surely the Government want to see land restored. They do not want to see obstacles and so forth all over the country. If they want to see the land rehabilitated, and want to get value for the money which they are undoubtedbly going to pay in compensation, surely it will be better, in cases in which private individuals would have great difficulty in spending that money to advantage in getting the work done, for the Government, which can command the resources, to undertake to do it themselves.
8.30 p.m.
I am very sorry if I appeared in any way discourteous in not having addressed myself directly to the points made by my hon. Friends in their speeches. I had to go elsewhere for a time to attend to certain business, and I did not hear some of the speeches that were made. I sought, however, to address myself to what I conceived to be the substance of the matter on which we were deliberating. If I may address myself to the arguments that have been put forward by my hon. Friend the Member for Thirsk and Malton (Mr. Turton), I would say that I think there is some misunderstanding. He seemed to argue as though the Bill required amendment in order to give the Government power to repair damage, and he seemed to see, in the terms of Clause 28, some evidence of a lack of the necessary power for that purpose. I may be wrong, but my understanding has been that under the provisions of the Defence Act, the Government have always the alternative of paying compensation for damage, or themselves restoring what has been damaged. Clause 28, as I understand it, appears in this Bill for the simple reason that despite the power under the Compensation Defence Act to restore instead of to pay, it might be necessary specifically to give the Government power, in the process or restoration, to interfere with various interests on the land. Clause 28 therefore is merely supplementary to a general power to restore which is found in the compensation law.
It was on that that I was relying primarily when I said that it was the policy of the Government, so far as practicable, themselves to restore the land that they had occupied—to repair damage. I hope I have made that point perfectly clear. If I am, in fact, under a misapprehension—and I will consult with my right hon. and learned Friend—or if I am wrong in what I have just put to the Committee, I will certainly see that the matter is brought up again on the Report stage.
I said that the Claims Department of the War Office have informed me that they cannot deal with the sheep farms of North Yorkshire owing to the terms of the Compensation Act, 1939.
I will certainly look into that. I know there have been cases in which Service Departments have taken the view that it was not practicable for them to exercise the power they have and themselves, by their own resources, restore the damage. I know that, but I have been putting to the Committee my view as to the general principles that will govern the action of the Government in this matter. I do not think that the powers required are in any way lacking.
May I address myself to the point made by my hon. and gallant Friend the Member for Ripon (Major York)? He took exception to what I said. He said that I had taken a view of the Amendments on the Paper and of the purpose of the hon. Members who moved them, which did not corrrespond with their real intentions. He went on to say, "All we ask is that we should be enabled to make some approach to a body like the Commission, under the Bill." But the matter could not end there. What is to happen after that approach is made? That is the point to which I was addressing myself. Either the Commission are to have power in the matter, or they are not. I was assuming that if the Commission were to be invoked, then the findings of the Commission would have to be made operative, and I do not think, as I said to the Committee previously, that it is reasonable, in all the circumstances, to take this matter out of the discretion of the Departments and to provide for some superior authority, whether the Commission or some other body, having the right to lay down what a Government Department should do. It was for that reason that I was resisting the proposal.
The Government have taken power to override the Commission. My hon. Friends and I would be prepared to agree that a similar set of rules should be put into force in this particular matter.
I do not think that that is, in all the circumstances, a reasonable proposal. I have made it perfectly clear that the Government's policy will be to restore, so far as is reasonably practicable. It is perfectly true that we have a provision here by which, in certain circumstances, limited by the terms of the Bill, the Government may override the findings of the Commission, subject to provision for a negative Resolution on a Prayer in this House. I made it perfectly clear that the view of the Government was that that power to override the Commission would be resorted to only in very exceptional cases, in which considerations of major Government policy were involved. Here, in the matter of restoration, we shall not have just a few exceptional cases, but hundreds of thousands of cases all over the country, and to bring in the Commission would, in fact, put the Government in the position of having to carry out the findings of the Commission in every case in which, in their judgment, it was right that the Government should carry out the work.
I cannot say that I am satisfied with the Chancellor's view of this matter, but I do not want to end the Committee stage, so far as my hon. Friends and I are concerned, on a discordant note. I feel that there is something in what we have been pressing on the Chancellor, and I feel there is a great danger in this respect in the Bill as it stands. However, my hon. Friends and I do not feel that this is a matter on which we can press the Government any further at this stage, and I ask permission to withdraw the Amendment.
Motion and Clause, by leave, withdrawn.
NEW CLAUSE.— (Disposal of land.)
A Minister who has acquired land pursuant to section four of this Act shall, before disposing thereof or of any interest therein, notify the local authorities within whose areas the land is situate of his intention so to do and if, within three months after the receipt of such notification any one or more of such local authorities inform the Minister of their desire to acquire the said land or any part thereof, the land shall be disposed of either to such authority or to such of the authorities as the Minister may select and, in default of agreement, the terms and conditions of the disposition shall be settled by an independent arbitrator appointed jointly by the local authorities concerned and the Minister.—[ Mr. Loftus. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This is such a reasonable Clause, and so necessary in the public interest, that I have every hope that it will command the unanimous consent and support of the Committee, and acceptance from the Government. I would like to explain the purpose of the Clause. Certain Departments of the Government will be acquiring masses of property. Among them numerous aerodromes will be taken over. It is quite obvious that in taking over these aerodromes far more property will be acquired than the Department will ultimately need. There will be a surplus left and as hon. Members know, under the Bill, the Government can acquire all this property, and can subsequently sell what they do not require.
Where the Government take over property, and subsequently do not need it, instead of disposing of it to private interests, possibly for speculation, they should give the local authorities the option of acquiring such property, if they consider it desirable in the public interest. I could give many instances, but I will refer particularly to aerodromes. At this stage of the war, there is not the same danger as in the past in referring to the masses of aerodromes that cover the country. One could almost describe the countryside as being one great aerodrome, with a few islands of farms. These aerodromes could be used by local authorities in some cases in a manner most desirable for the public interest.
We all know that after the war we shall be faced with a colossal housing programme. People will be pouring back into the country, and will have no houses. We could use these buildings as temporary houses. They would be better than no houses at all and you could use motor buses to take the people to the towns. In the country they could be used as housing estates adjoining villages. They have sewerage, electric light and water laid on. I know a village with very inadequate housing, no water, no sewerage, no electricity; and 200 yards from the end of the village there is a magnificent aerodrome, with sewerage, water and electricity. That aerodrome could be almost incorporated in the village. One of the great problems which we have discussed in the House is that of water supply. Quite close to villages, you have on these aerodromes very good water supplies, which would help enormously in solving the problem for the villages. In my own county, and I believe in all agricultural counties, it has been decided to set up agricultural institutes. The agricultural institute must have 200 or 300 acres of land. It must have buildings, in which people may study, and for machinery and so on. Many of these aerodromes would be most suitable. They could be obtained at once: there would not be the years of delay that would be entailed in buying the land, making roads, putting up buildings and so on. We need co-operative smallholdings. On these aerodromes there are hangars which would make splendid barns, sheds for machinery and so on, and they have 300 or 400 acres of land as well. In such places you could train ex-Servicemen who want to go on the land, either here or in the Dominions, instead of waiting to do so until they are all scattered and have lost heart.
There is a great desire to establish permanent boarding schools, as part of the national education system. Some of these aerodromes have very fine permanent buildings, rest rooms, bathrooms, studies, bedrooms, sitting rooms, and so on. They could be used as summer schools, to provide courses for teachers and other people, or for the children of our secondary schools. Also you could use them in connection with such a system as that magnificent system of adult education which Denmark had.
The hon. Member must not use this Clause as an excuse for pressing on the Government all sorts of educational and other schemes.
8.45 p.m.
I bow to your Ruling, Mr. Williams. I will only say that the coun- try at the end of the war will lack shelter, will lack houses, will lack water supply, very badly indeed. I hope that property bought by the Government, whether aerodromes, hospitals, or anything else, will not be sold to speculators, to be pulled down and destroyed, but that an option will first be given to the local authorities to buy them, for immediate public service and for permanent use.
I support this Clause. I think the case for it has been admirably put by the hon. Member. If the Government have land to dispose of, the public authority should have the first opportunity to acquire it. The ideal that we have on these benches is public control, and I heartily welcome the support that we have had from the hon. Member. I should have expected this proposal to have come from the Labour benches, but the hon. Member has evidently been converted to the point of view that we have held for some time.
Let me adduce what strikes me as the ever-riding point about this Clause. The public authority, or an amalgamation of public authorities, will not try to acquire land unless there is a public need: they will not do so for speculation or profit. The dominating idea will be how best the land can be used for the community. Unless we take that into account, we cannot use fully the social capital which exists in the land. The hon. Member might well have mentioned that we had an acceleration of the use of transport in the years before the war, and, although we have seen a diminution of it during the war, we know that our people have a tendency to leave the thickly-populated industrial parts. I feel that if we give the public authorities this opportunity, which they do not at present possess, we shall derive a great benefit.
I am sure that the general conception behind this new Clause, that where land is useful or would be useful to local authorities, and the Government are disposing of it, local authorities, while not having a statutory right of pre-emption, should obviously come very high on the list, is one which my right hon. Friend will fully accept, but the Clause does something which I do not think it would be right to do. It gives the local authority a statutory right of pre-emption if they say they want the land.
Provided the Government do not want it.
Surely, the Clause is only dealing with land which the Government propose to dispose of. Let me give one case, and I will also give the answer to it, though I do not think it is a complete answer from the point of view of putting a Clause like this in the Bill. In many cases, work has been done on requisitioned land by way of extending existing factories. The Government will have to acquire the land in order to hand over the extension to the factory, because the extension is no good without the factory. One of the purposes which we discussed earlier is to enable the Government to buy that land and dispose of it to the owner of the factory. Of course, one can say that the local authority would not want that. Surely it would not be right in an Act of Parliament to give that legal right to acquire if they did say they did want it. That is a real difficulty about giving them an absolute right of pre-emption if they expressed the desire to buy the land. We cannot, when dealing with Clauses of this kind, say that in this, that or the other case, they would not ask for it. It would give them a statutory right to buy the land if they just expressed the desire for it.
Let me take another case, where a factory has been put up on requisitioned land and the Government, using the powers under Clause 7, wish to buy and dispose of it, for production reasons, to a private concern. In our view they must have power to do that. One of the purposes of this Bill is to enable the Government to carry out the responsibilities placed on their shoulders for organising, and seeing that we are properly equipped for, war production. The Government must be the judge of that, and it would be quite wrong to give the local authority, as a matter of form, a power to come in and veto the disposal otherwise than to themselves. There will be many cases involving, possibly, hospitals, or the kind of case which my hon. Friend the Member for Lowestoft (Mr. Loftus) so eloquently put until he was pulled up, and there are many other interesting and valuable suggestions, and I am sure my right hon. Friend, and others who may later be concerned in the administration of this Bill, will take account of them, because in disposing of this land the whole purpose of my right hon. Friend is to consider the public interest, and where the public interest can be served by disposal to the local authority, if the local authority want it, there is every reason to suppose that that will be its destination. But there may be cases in which it is right and proper to dispose of it elsewhere, and it cannot be right to give a local authority a statutory right of saying that this land cannot be disposed of to anybody but themselves if they chose to express the right to ask for it.
My right hon. Friend has effectively disposed of the Clause as it stands, but not of the idea behind it. Obviously one local authority would not seek, nor would it indeed have, powers to acquire factories or extensions of factories. What is really intended in this Clause—and, since I had no part in drafting it, I can freely say that it is not happily worded—is that where land is in the possession of the Government and they are about to dispose of it, and it can be used for purposes for which the local authority has statutory powers—not other wise—then the local authority should have the first option to acquire that land. That can be expressed in words which are appropriate to what is required, but what I would ask my right hon. Friend is whether he would be prepared to give an assurance, that, at a later stage, he would accept a Clause drawn so as to be more closely in accord with what is required, or whether he will himself put one down. I am sure that the conception that the local authority should have the first right to acquire land which will be useful to them and for which they have statutory powers is a right one and ought to be accepted by the Government. I hope my right hon. Friend will not stand on the letter of the Clause as it is, but will see his way to accept what is intended by it and give us what I think every hon. Member of the Committee would wish.
I hope that my hon. Friend opposite will accept the assurance of the Attorney-General as to the Government's intention and the manner in which they will act in the disposal of land which they have acquired, but I also hope that his suggestion that there should be a right of public acquisition given to all local authorities will not be incorporated in this Bill in any form whatever. While I am not in the least opposed to local authorities getting a chance of buying land which would be useful to them, and which they can turn to public use, there is a class of land which may be very adversely affected by them. Take the case of land which has been made useless for agricultural purposes, and, as a result of Government acquisition, has been restored to agricultural use. I think one has to consider very carefully the balance of advantage there, and, before saying that the local authority should have the right of acquisition, I think that question ought to be taken into account, but that does not seem to be possible if we have given a statutory priority to the local authority to purchase the land.
Does my hon. Friend mean if they wanted to use that land for a statutory purpose? It would be the same as acquiring any other land. The Minister of Agriculture could still come in—
Not if a statutory right of acquisition was incorporated in this Bill.
Surely we could provide for that. All that is wanted is the provision that, before it is sold to anybody else, the local authority should be in a position to acquire; but, being in a position to acquire only means being in the same position as if they were acquiring any other land. The Ministry of Agriculture could still step in and say, "This is good agricultural land, and we do not think it should be acquired for housing."
I rather think my hon. Friend is departing considerably from the arguments first adduced. I thought his argument was for a complete option of purchase, and that is all I am opposing. I am not opposing local authorities being placed very high on the list of possible purchasers of Government-owned land. I am saying that to give them a complete option might do more harm to the national interest than good to the local authority, and for that reason I hope the assurance given by the Attorney-General will be accepted by the Committee and that no effort will be made to incorporate any such option in this Bill.
9 p.m.
In spite of what the hon. Member for Daventry (Mr. Manningham-Buller) has said, I hope that the learned Attorney-General will respond to the appeal which has been made to him by the hon. Member for Peckham (Mr. Silkin) and will consider the possibility of some Amendment on the Report stage, or a new Clause which would go some way to meet the very important points made by my hon. Friend the Member for Lowestoft (Mr. Loftus). The whole Committee was greatly impressed by his speech and by the great opportunities that in many cases lie before local authorities to make use of aerodromes and other land and buildings for valuable social purposes. Would it not be possible at least to make provision in the Bill that whereever land and buildings are disposed of, with the exception of a case, such as the Attorney-General mentioned, of the disposal of a little bit of land on which there was an annexe to an existing factory, notice should be given to the local authority before the sale and the opportunity given to them to make an offer? That does not bind the Government to accept the offer, but gives the local authority an opportunity, at least for a limited period, to make an offer. Naturally it would be assumed in most cases that, if they made such an offer, it would be accepted by the Government, because it would be an offer made by a public authority in the interest of the whole community. A provision of that kind would go some way at least to meeting the case which has been put so well and impressively by my hon. Friend. I think that at this stage we cannot ask the Government to make a promise of acceptance of such an idea, but if they would undertake to look into the matter and consider it with a view to a possible Amendment on the Report stage I think it would meet the wishes of a great many Members of the Committee.
Perhaps before the learned Attorney-General replies and in view of the invitation given to him by my hon. Friend the Member for Peckham (Mr. Silkin), I would like to make two points. I think his reply to me was based entirely on the one word "factory," and that can easily be remedied. One could easily alter the words of the new Clause by excepting factories. I feel with my hon. Friend that it is capable of much better drafting and I would suggest that on the Report stage something might be introduced to the effect that, where the Government dispose of property, they should pay due regard to the requirements or desires of local authorities. I think the feeling of the whole Committee is that something should be put in on the Report stage to give some indication that the desires of local authorities will be considered.
I think myself there are great difficulties about translating what is the common desire of the Committee into statutory language or obligations. The point made by my hon. Friend the Member for Daventry (Mr. Manningham-Buller) had considerable substance and made some incursion on the proposal of my hon. Friend opposite. I cannot think that in any case where the local authority was a likely purchaser they would not know of the prospective sale. This would be land which could usefully be employed by local authorities, and it would be in the interests of those who disposed of it to see that they were informed of the sale. That is my own feeling. I do not want to use any words which might be regarded as an undertaking of any kind. Of course, my right hon. Friend and those who advise him will study what has been said. But I must say frankly, because I do not want to put myself or him into a false position, that it is a matter which must be left to policy or assurances. If he comes to the conclusion that I am wrong and that something should be put into the Bill, no doubt he will do so. I think probably it will be found that it must be left as it is.
Would the right hon. Gentleman discuss the matter with some of us who have been partners in the Clause with the view possibly of drawing up a form of words which would be generally satisfactory?
I am sure that my right hon. Friend would certainly be willing to discuss the matter with those who have put down the new Clause and who are particularly interested.
In view of the statement of my right hon. and learned Friend I beg to ask leave to withdraw the Motion.
Motion and Clause, by leave, withdrawn.
NEW CLAUSE.— (As to orders under s. 14 or s. 15 of Act.)
(1) Where it is proposed—
( a ) by an order made under Section fourteen of this Act to provide, in relation to a statutory undertaking, for any such matters as are referred to in paragraph ( d ) or paragraph ( e ) of Sub-section (2) of that Section; or
( b ) by an order made under Section fifteen of this Act to specify conditions under which a railway, tramway, cable, wire, main or pipe forming part of a statutory undertaking may be used and maintained permanently
and objection to the order is duly made to the Minister of War Transport by the statutory undertaker then if the Minister of War Transport makes the order, after receiving a report from the Commission on his proposals, he shall give notice to the statutory undertaker of the making of the order and the effect thereof and the order shall not have effect until the expiration of twenty-eight days from the date of the said notice. If within that period the statutory undertaker gives notice to the Minister of War Transport that he objects to the order, and the objection is not withdrawn, Sub-section (5) of Section seventeen of this Act shall not apply and the order shall be provisional only and shall not have effect until it is confirmed by Parliament.
(2) In respect of any such order as is referred to in the preceding Sub-section the statutory undertaker shall be entitled to recover from the Minister of War Transport compensation in accordance with the provisions of the Fourth Schedule to the Town and Country Planning Act, 1944, which Schedule shall for that purpose apply subject to the following modifications:
(i) There shall be substituted for subparagraphs ( a ) ( b ) and ( c ) of paragraph I of the said Schedule a reference to the matters or conditions mentioned in paragraph ( a ) or paragraph ( b ) of Sub-section (1) of this Section:
(ii) there shall be substituted for the reference in sub-paragraph (4) of paragraph 2 of the said Schedule to "purchase, extinguishment of a right, imposition of a requirement, refusal of permission, grant of permission subject to conditions, or revocation or modification of permission" a reference to the said matters or conditions.
(3) In this Section the expression "statutory undertaking" means any of the following undertakings the carrying on of which is authorised by any Act (whether public, general or local) or by any order or scheme made under, or confirmed by, an Act, that is to say,—
( a ) railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier and lighthouse undertakings;
( b ) undertakings for the supply of electricity, gas, hydraulic power or water,
and, in relation to a statutory undertaking, the expression "the statutory undertaker" means the person carrying on that undertaking.—[ Mr. Ross Taylor. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This Clause looks rather formidable but I can explain it shortly, especially as the Committee is already familiar with Part III of the Bill to which it relates. The Clause has been put down at the request of the Conjoint Conference of Public Utility Associations, and the constituent associations of that body represent the vast majority of water, gas, electricity and, except for the main line railways, transport undertakings, both municipal and company, throughout the country. These undertakings have a particular interest in highways, because their mains, cables, pipes, etc., and other subsurface works are laid in the roads and the wires and surface works are placed on them. By Clause 14 of the Bill, the Minister of War Transport may by order authorise the permanent stopping-up or diversion of a highway which has been stopped-up or diverted in the exercise of emergency powers. In the order, he may provide for the matters set out in Sub-section (2) of the Clause. These include the retention or removal of cables, wires, mains or pipes and the provision of similar works in substituted highways. That means that the rights conferred by Parliament on these undertakings may be extinguished or modified by an order of a single Minister, because, as the Committee knows, it is in virtue of authority granted by Parliament, either by Statute, or by order, that these undertakings are able to use the roads for the purposes of the services which they provide. They feel very strongly that a right conferred by Parliament should not be extinguished in that way, and the Clause which I am moving seeks to provide that, in cases where an objection made by a public utility undertaking to an order made by the Minister is overruled, the order shall require confirmation of Parliament. That is the first purpose of the proposed new Clause.
The second purpose of the Clause is to ensure that payment of the cost of carrying out works required to be done under an order by an undertaking made by the Minister shall be more specifically provided for. The provisions of Clause 14, (2, f ), which deals with this matter are general in character, and there is no obligation on the Minister to insert in the order any provisions whereby a public utility undertaking can obtain indemnity in respect of cost occasioned by the order. The new Clause, therefore, seeks to provide that the compensatory provisions already incorporated in the Town and Country Planning Act of 1944 should, with the necessary modifications, be incorporated in the Bill. I understand that the assessment of compensation in respect of mains and cables, especially those which have to be moved, is a technical and complicated matter and it is quite probable that if a case of that kind were to go to the War Works Commission, there might be nobody on that Commission with the technical skill necessary to decide what the compensation was, but under the Town and Country Planning Act there is a tribunal set up for the very purpose of dealing with questions of that kind, and it is suggested that that would be a more satisfactory way of dealing with these compensation questions than that proposed by the Bill. The third part of the Clause deals with defining the expression "statutory undertaking."
I realise that from the point of view of drafting, this new Clause may not be acceptable to the Government, but I hope that my right hon. Friend will at any rate consider, if he is not prepared to accept the Clause, making some change in the Bill which will incorporate the suggestions I have made on behalf of these statutory undertakings.
9.15 p.m.
I appreciate very much the singularly clear way in which my hon. Friend put forward the reasons for supporting this Clause. As some hon. Members of the Committee may remember, it is a subject which I had to consider at quite considerable length in regard to the Town and Country Planning Act, when it was a Bill a few months ago. I do not want my hon. Friend to think for a moment that I shall deal with the matter on technicalities of the Clause; I want to deal, with the broad points in the order in which he made them.
His first point was that the statutory undertakers should have a recourse to Parliament by the provisional order of procedure. My hon. Friend will appreciate that we have considered this at considerable length on the various parts of the Bill, and we have in all other connections taken the view that the Minister should put forward his Order and if that Order Should be considered by the Commission, that the Commission should deal with the financial side of it and have regard to other proposals also. That procedure has been acceptable to the majority of the Committee in regard to all the different subject matters which we have had to discuss. I do not think that in regard to the limited matter which my hon. Friend has put forward we could depart from that general procedure, and give the special treatment for which he asks. After all, we are not dealing here—and I should like my hon. Friend to realise it—with what might be very considerable acquisitions of the land of statutory undertakers, and considerable restrictions on their powers of operation, such as may come under the Town and Country Planning Act.
Here we are dealing with stopping up or diversion of highways and with matters that are incidental to it, namely the lines that may go over the highways, or the pipes that may go under them or near them. That will, in general, as I see it, be a small matter, in most cases amounting to a small diversion or a diversion which can clearly be seen and clearly be fitted to the needs of the case. In that sphere the Minister—who is what one may call the governmental godfather of the statutory undertaker; the Minister of Transport with regard to railways or electricity, the Minister of Health with regard to water and the like—can take up the points with the Minister of Transport if the Ministers differ; then he can make representations, and then it can go to the Commission and be examined.
My hon. Friend then made the point that the compensation given—and of course he appreciates that under Clause 14 (2) ( f ) there is a provision for the payment of costs that may be incurred—may not be capable of being dealt with by the Commission. I would like to reassure him on this point. If there is any technical matter that comes before the Commission, they will be perfectly at liberty to get the necessary technical advice, and I am sure they will do so in a matter of this kind. Therefore, with regard to that, although they will not have the technical tribunal which the Government and the House thought was necessary for the wider matters with which we are dealing under the Town and Country Planning Act, there will be the Commission, on whose stature and general power so much of this Bill depends, and they will have the technical advice which the Commission can get. In those circumstances, I do not think that with regard to the limited compensation that will arise under Clauses 14 and 15, the statutory undertakers will be affected in the way that has been suggested.
I can tell my hon. Friend that I have no objection to the definition in his Clause, but I am afraid that is the only part of it which I can absolutely accept. On the general point, however, I am sure no one would accuse me of lack of sympathy with the position of statutory undertakers. In fact an hon. Friend of mine opposite rather suggested that I was too sympathetic on another occasion. But I do not think the Committee would feel that we ought to alter the whole lay-out of the Bill to deal with a minor problem, which will not, I think, cause much trouble to public utility undertakings, which we all want to see working well.
I am, in some respect, consoled by the sympathy of my hon. and learned Friend, but I do feel that we are adopting a rather dangerous principle in agreeing to allow a Minister to extinguish or modify a right which has been granted by Parliament. However, I will not press the matter any further, and I would beg to ask leave to withdraw my Motion.
Motion and Clause, by leave, withdrawn.
Schedule agreed to.
Bill reported, with Amendments; as amended, to be considered upon Tuesday next, and to be printed. [Bill 50.]
The remaining Order was read, and postponed.
Sunday Cinematograph Entertainments
Resolved:
"That the Order made by the Secretary of State for the Home Department, extending Section 1 of the Sunday Entertainments Act, 1932, to the Urban District of Cromer, a copy of which Order was presented on 1st May, be approved."—[ Mr. Cary. ]
Adjournment
Resolved: "That this House do now adjourn."—[ Mr. Cary. ]
Adjourned accordingly at Twenty-two Minutes past Nine o'Clock.