HC Deb 19 June 1973 vol 858 cc512-5
Mr. David Steel

I beg to move Amendment No. 266, in page 76, line 22, after '1951', insert 'except that of the Tweed River'.

I hope that we can dispose of this amendment equally briefly, although it is a matter of some importance to the Borders area.

Clause 133 underwent radical and total change in Committee. When the Bill was before us on Second Reading, the river purification boards were, under the Clause, to remain largely as they are at present, but reconstituted under new authorities. Largely as a result of representations from the river purification boards themselves, the Government and the Committee were moved to change all that and to agree that, in principle, there should be some separation between the appointment of purification boards and their subjugation to local authorities—partly at any rate on the grounds that, on occasion, the boards would need to be the prodders and chasers of local authorities.

I can understand that, but throughout all that discussion, the Tweed River Purification Board indicated to its own national organisation, to the Government and to me as the Member of Parliament that it was perfectly happy with the status quo. Therefore, this is a probing amendment. I shall be happy to withdraw it if I can have an assurance from the Government that they intend, in exercising their powers under Clause 133(3)— The Secretary of State shall, by order, divide Scotland into areas (to be known as ' river purification board areas') —to retain the Tweed river purification area as it is at the moment and that, if at any time they were minded to discontinue that situation, it would be their intention to do so only after consulting the Tweed River Purification Board and the new Borders regional authority.

Any fears—and there were fears—in the area that the board would be removed to Edinburgh were strengthened by a feature in the Scotsman last week, a write-up of some magnificent new office block in Edinburgh, from which, it was alleged, river purification boards would be controlled from Berwick to the Tay. Over my dead body they will. We do not wish any encroachment on the excellent work being done by the Tweed board at the moment. All we want is a simple undertaking on that from the Government.

Mr. Younger

In its amended form, the clause gives effect to a view strongly put in Committee that there should be a system of river purification boards which would regulate discharges by local authorities into rivers and tidal waters. Under the clause, the existing boards are to be dissolved and new boards established by order, although Government amendments provide that Islands councils should remain river purification authorities in their own right.

The amendment would introduce an arrangement which would not be entirely satisfactory since, while new boards are to be set up by order, the Tweed board alone would continue. The hon. Member for Roxburgh, Selkirk and Peebles (Mr. David Steel) has said that it is a probing amendment. But the assumption behind it is that the Secretary of State, in making the orders required of him under the clause, will include the Tweed catchment area within the area of some larger board.

The clause imposes no requirement on the Secretary of State to create any specific number of boards or to amalgamate existing boards. His intention is to seek the advice of his statutory River Purification Advisory Committee as to the number of boards which should be formed and as to the areas that they should cover.

I think that the assurance that the hon. Gentleman has asked for is that the committee will of course wish to seek the views of all river purification boards. It can therefore be given as an assurance that the Tweed board would have full opportunity to make its views known to the committee before anything were to be done by way of changing its present area and so on.

To accept the amendment as it stands, however, would be to pre-empt the Secretary of State's decision on whatever the committee's report might recommend. It would not be right to do that at this stage.

The assurance I can give, however, is that the board need have no fear that, before anything were to be done, it would not be fully consulted and would not have ample opportunity to make its views known. I hope that will be some assurance to it.

10.15 p.m.

Mr. Steel

With respect, it is not. If the hon. Gentleman would only discard his brief, we should get on better. I did not ask for a reassurance that the board would be consulted. I asked for a reassurance that there is no intention on the part of the Government to do other than retain a river board for the area. That is the only reassurance I seek and the hon. Gentleman has not given it.

Mr. Younger

The hon. Gentleman referred to consultation. That is why I particularly referred to it. I could not give a complete assurance that in no circumstances would any change be made because that would be contrary to the brief being given for a completely new look by the committee in this matter. But again I assure the hon. Gentleman that no one need fear that anything will happen without their being consulted. They will have plently of time to make their views known.

Amendment negatived.

Mr. Younger

I beg to move Amendment No. 119, in page 76, line 29, at end insert 'and by islands councils'.

Mr. Speaker

With this we are to take Government Amendments Nos. 120 to 131, No. 179, No. 180, No. 207, No. 208, No. 209, No. 219 and No. 220.

Mr. Younger

These are basically consequential amendments, designed to alter details in the substituted Clause 133 and its associated Schedule 16, which were agreed in Standing Committee on 1st May, and to introduce consequential amendments to Clauses 211 and 212 and Schedule 27.

Under the provisions of Clause 133, river purification functions are to be exercised from 16th May 1975 throughout the islands by river purification boards set up by the Secretary of State. In accepting the amendments in Committee which resulted in these provisions, my right hon. Friend observed that although they had been professionally drafted some details might have to be changed at a later date. I hope that the changes meet with the approval of the House, the Committee having made a clear decision on the matter.

Amendment agreed to.

Amendments made: No. 120, in page 76, line 30 at end insert 'other than islands areas'.

No. 121, in page 76, line 34, at end insert: '(3A) An order made under subsection (3) above shall define each river purification board area either by reference to a map or to the line of any watershed or to the boundary of any local government area existing immediately before the making of the order, or partly by one method and partly by another'.

No. 122, page 76, line 41, leave out 'and islands areas'.

No. 123, in page 77, line 8, leave out 'and islands councils, if any,'.

No. 124, in page 77, line 24, after '(4)', insert 'above'.

No. 125, page 77, line 40, leave out 'property'.

No. 126, in page 77, line 41, after 'liabilities', insert: '(other than those in or relating to property)'.

No. 127, in page 78, line 3, at end insert: '(5) Before making an order under subsection (3) or (4) above the Secretary of State shall consult all local authorities (including in the case of an order made before 16th May 1975, existing local authorities) and river purification boards whose areas are wholly or partly within the area affected by the order, and the provisions of Schedule 3 to the Water (Scotland) Act 1967 shall apply to the making of such an order as they apply to the making of an order under section 5 of that Act with the substitution of a reference to this subsection for the reference to section 33(4) of that Act'.—[Mr. Younger.]

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