HC Deb 07 February 1862 vol 165 cc97-9
SIR GEORGE GREY

, in moving for leave to bring in a Bill for the better management of Highways in England, said, the subject, unfortunately, was by no means a new one to the House, and therefore, in introducing a measure which very much resembled its predecessors, he did not propose to say anything which could give rise to debate. Any discussion on the principle of the Bill or its details would be better reserved for a future stage. He would only say that it was identical in principle and similar in most of its details to those introduced by the hon. Gentleman the Member for Leominster (Mr. Hardy) and by his right hon. Friend now the Secretary for War (Sir George Lewis). It provided for the formation of highway districts by order of magistrates in sessions; only, however, after notice that such proceedings would be brought forward at the sessions on the requisition of five magistrates, and subject to confirmation at subsequent sessions. The order, moreover, was not to come into operation until confirmed by the Secretary of State, so that reasonable opportunity might be afforded to those parishes which objected to the arrangement to have the matter fully considered. The Bill also provided for the formation of Highway Boards, composed of way-wardens appointed by the parishes included in the district; and it was an essential principle of the Bill that a pa d district surveyor should he appointed, whose duty it would he to act under the Highway Board, and look to the maintenance and repair of the roads. As in the Bill of last year, places subject to local acts were excepted from the operation of the general measure; and there were some other small exceptions identical with those in the Bill which was then introduced. It was proposed absolutely to exclude boroughs from the operation of the Bill, except where the consent of the council of such borough or the vestry of such parish was obtained. The measure was chiefly required in agricultural districts, and in many parts of the country with which he was most conversant it was calculated to produce great public benefit, and, ultimately, to diminish the expense of making highways. Many parishes in the north of England were divided into townships, each of which appointed its own surveyor, and one had no control over the other; so that continually persons had to pass in the same parish from a good road to a bad one, and there was no way of enforcing any change in the interest of the general public, though such a power was in many instances greatly desired. He hoped the House would not object to the introduction of a Bill similar in principle to those which had been assented to on former occasions, either by large majorities or without a division. In case the House agreed, as he trusted it would do, to read the Bill a second time on an early day, he was prepared to fix the Committee for any date which would best suit the general convenience.

MR. BARROW

said, it was with much regret that he heard it was intended to reintroduce this Bill. After the opposition so generally expressed with regard to it last year, and without anything which could be called an expression of public opinon in its favour out of doors, he had trusted they should hear no more of it. The tendency of the Bill was to deparochialize England by destroying those local authorities who had hitherto exercised some important functions, and to remove from the parishes the right of local government in almost the only instance in which it yet existed, and therefore to set aside a material and important element of the Constitution of the country. The Bill proposed to remove from the parishes the control they had hitherto exercised over their own finances, and to transfer it to a body not elected by the vestries, but mainly nominated by the Crown; for although each parish was to have its own way warden, still that functionary was to exercise no real power over the acts of the Board. In most parishes the rate levied for the purposes of these roads was equal to the tax imposed under the two schedules of the Property-tax, and the Bill proposed to transfer to the new Boards additional powers in this respect; so that an immense power would be placed in the hands of those who were to control that amount of taxation. The majority of the landed property of this country would, consequently, be virtually placed under the control of a very small minority in point of numbers, and certainly not a majority in point of value of the landowners. The measure would be a violation of the rule, which was now recognised as one of the fundamental principles of our Government, that the people should only be taxed and the expenditure should only be authorized by themselves or by their representatives. As such he should strongly oppose it. I Leave given.

Bill ordered to be brought in by Sir GEORGE GREY and Mr. CLIVE.

Bill presented, and read 1o