RAILWAY (AUTHORISATION OF WORKS) BILL. [H.L.] (Hansard, 27 July 1923)

§ LORD SOMERLEYTON

My Lords, Clause 1 of this Bill has been amended in the House of Commons by the insertion of a new proviso in substitution for the proviso which was inserted during the passage of the Bill through the House of Lords at the instance of the Lord Chairman. The effect of the Amendment is to provide for a different form of Parliamentary control to that previously proposed. Under the clause as passed by the House of Lords the procedure laid down under subsection (3) of Section 29 of the Ministry of Transport Act, 1919, would have applied to any Order made under the powers of the Bill. By that procedure a copy of the draft Order must be sent to the Lord Chairman and Chairman of Ways and Means, and if either of such Chairmen reports that he is of opinion that the proposals of the draft Order are of such a character or magnitude that they ought not to be proceeded with without the authority of Parliament, the Order is not to be made unless or until the draft Order has been approved by Resolution of both Houses, and if the Resolution of either House directs that the proposals shall be dealt with by Private Bill, the notices given and deposits made for the purposes of the Order are to hold good for the purposes of such Private Bill.

Under the clause as amended by the House of Commons this procedure will not apply to any Order made under the powers given by the Bill, but every such Order is to be laid before each House for 21 days, and if either House presents an Address against the Order no further proceedings are to be taken thereon. The proposal for this alternative procedure was made in Committee of the House of Commons, and was accepted by the Minister of Transport. The Amendment made in the Commons has the disadvantage of involving the possibility of delay in the making of Orders, but this disadvantage is not likely to be serious this year, in view of the autumn sittings, and may not be serious next year. I beg to move that the Commons Amendments be now considered.