HC Deb 30 April 1851 vol 116 cc355-9

Order for Committee, read.

DR. NICHOLL

objected to the measure, as one of partial legislation for South Wales, brought in without the slightest necessity shown for it. If the Bill was really good for South Wales, he thought it would be good for England, and therefore he should move that it be an instruction to the Committee to include England in the Bill. If that was lost, he would vote against the second reading; and if the second reading was carried, he would move that the county of Glamorgan be exempted from the operation of the Bill.

Motion made, and Question proposed— That it he an Instruction to the Committee that they have power to extend the provisions of the Bill to England generally.

MR. WILLIAM WILLIAMS

thought that there was no more necessity for a Bill of this kind applying to South Wales, than to any other part of the United Kingdom. It would create a costly machinery, which was quite unnecessary.

MR. RICE TREVOR

said, the Bill only made it obligatory on South Wales to do that which every parish in England might now do if it thought fit—that was, to establish paid surveyors of highways. It was hoped that the effect would be to diminish rather than to increase expense.

Motion, by leave, withdrawn.

Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."

SIR GEORGE TYLER

said, he felt it his duty to move, that the Bill be committed that day six months. The measure was considered particularly objectionable in the county he had the honour to represent, where it had been condemned by a full meeting of magistrates. He had many objections to the measure; but, above all, he objected to South Wales being made a corpus vile for experimental legislation. The Bill provided for the appointment of surveyors of highways; but he considered that such a provision was wholly unnecessary. He believed that this Bill would increase the cost of maintaining the highways, and he thought that it was inexpedient to increase the burdens of the tenant-farmers at the present time.

Amendment proposed, to leave out from the word "That," to the end of the Question, in order to add the words, "this House will upon this day six months resolve itself into the said Committee," instead thereof.

VISCOUNT EMLYN

said, that he did not desire to make South Wales an exception to the rest of England and Wales. He introduced this Bill last year, when the Government brought in their Bill for the management of highways in England, in order that the system in both these portions of the United Kingdom might be the same; and although the Government Bill had not been proceeded with, he felt justified in reintroducing this Bill in the present Session, believing that it met the approval of the inhabitants of South Wales, and expecting that the Government would have again brought forward a Bill for the management of the highways similar to that of last Session. There was no novelty introduced into the Bill, the clauses of which were taken from the General Highway Act. He believed that the people of South Wales were not opposed to this Bill, and that it would effect a desirable improvement in our highway legislation; but at the same time, he did not wish to press it against the opinions of the representatives for South Wales. He should leave himself in the hands of the House.

MR. CORNEWALL LEWIS

said, that he was in favour of the principle of the Bill, which was, that districts should be formed by a union of parishes under one board, who should appoint a paid surveyor to manage the highways of the district. There was a power to form such unions under the General Highway Act, but it had been availed of in very few instances; although where such unions had been formed, the highways had been better managed, and at a less cost, than under the previous separate parochial management. He could not see why, if the people of South Wales wished the management of their highways to be subject to a particular Act, that that House, by passing such an Act, should be said to make them a corpus vile for experiments. It was for the inhabitants of those counties and their representatives in Parliament to consider how far they wished the principle of the Bill to be applied to that part of the country; and as he thought that this question would be best considered in Committee, he should support the committal of the Bill.

MR. RICHARDS

said, that some legislation was absolutely necessary on this subject, for the roads in South Wales were now very badly managed; the expenditure was not under any regular control, and the surveyors were men of no great experience. He thought that the Bill was favourably regarded by the inhabitants of those counties. The only objection was founded on the apprehension of increased expense; but he was satisfied that the improved management of the roads would amply compensate for any expense entailed by the measure before the House.

Question, "That the words proposed to be left out stand part of the Question," put and agreed to: Main Question put, and agreed to.

House in Committee.

Clause 1.

DR. NICHOLL moved that the words "each county in South Wales" should be omitted, and that the names of the counties, Carmarthen, Pembroke, and Cardi- gan, should be inserted. The Members for these counties were favourable to the Bill, and if their inhabitants wished to have it he would not deprive them of it; but, on the other hand, do not permit the House to force the measure upon the other counties of South Wales which did not desire it. The magistrates of the county of Glamorgan had at quarter-sessions expressed their disapproval of this Bill, and he hoped that the House would at any rate exempt that county from its operation. There was nothing to connect Glamorgan more with South Wales than with England; in fact, it was English in its habits, in its general progress, and in the increase of its population, which was going on more rapidly than in any other county in England and Wales; and he trusted, therefore, that the House would not force upon that county a Bill to which it offered the strongest opposition. He had no wish to exclude Radnor and Brecknock from the Bill, if they wished for it; and if any hon. Member moved that they should be included he should have no objection to it.

Amendment proposed— Page 1, line 13, to leave out the words 'each County in South Wales,' in order to insert the words, the Counties of Pembroke, Carmarthen, and Cardigan,' instead thereof.

MR. WATKINS

, as one of the representatives of the county of Brecknock, wished that county to be excluded from the operation of the Bill.

MR. WILLIAM WILLIAMS

said, that a Bill of this nature should have been brought forward by the Government. He was opposed to special legislation for a small portion of the country.

SIR BENJAMIN HALL

believed that the Bill would confer great benefit upon South Wales, and he, therefore, hoped that the noble Lord (Viscount Emlyn) would not consent to the Amendment. In whatever other respects Glamorgan might be like an English county, there was no resemblance in the state of its roads, for there was not a district in the United Kingdom which had worse roads. He believed that that Bill would lead to an improvement in the state of the roads; and he thought that the magistrates and Members for South Wales were quite able to undertake the introduction of a measure of that kind without requiring the intervention of Government. A great deal of the evils which subsisted in the management of the Welsh roads had been put an end to by the legislation which followed the Rebecca riots; and he believed that this measure would prevent a great deal of the discontent which still subsisted on account of the disgraceful state of the roads, which were entrusted to overseers and surveyors who were perfectly incompetent to their management.

SIR GEORGE GREY

said, that the Amendment, if carried, would be fatal to the Bill; for although South Wales had been recognised by the Legislature as a separate district for exclusive legislation, a measure, the operation of which was confined to three counties only, would not be a public but a private Bill, and must therefore be introduced and carried forward according to the standing orders applying to such Bills.

SIR FRANKLAND LEWIS

said, that the administration of the highway rates now levied was marked by much ignorance, partiality, and unfair pressure upon individuals; and he was confident that a measure of this kind would be extremely beneficial to the counties to which it referred. Some such measure as this must, in fact, be applied to the whole kingdom.

VISCOUNT EMLYN

said, that he quite agreed with the right hon. Secretary of State for the Home Department that this Amendment would be fatal to the Bill; at all events he should so regard it, for if the Amendment were carried he should withdraw the Bill.

MR. HUME

said, that no good could arise from going into Committee upon the Bill, seeing that no two Members for South Wales agreed in opinion with respect to it, and he therefore advised the noble Lord to withdraw it, in order that a complete and general measure might be brought in by the Government.

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

The Committee divided:—Ayes 59; Noes 8: Majority 51.

House resumed; Bill reported; as amended, to be considered on Wednesday next.