HC Deb 31 March 1892 vol 3 cc325-7
*(3.29.) THE CHAIRMAN OF WAYS AND MEANS (Mr. COURTNEY,) Cornwall, Bodmin

The proposition I have to submit to the House deals with a matter of some importance, and it is well that I should state its object and effect; after which the Debate can be adjourned if desired. Under the Tramways Act of 1870 there are, as is wellknown, ample powers given to Local Authorities to take over tramways after they have been in operation 21 years. But that power is accompanied by the provision that no Local Authority shall place carriages on such tramways or demand the payment of rates and tolls for the use of such. Although there is no express prohibition, we may conclude, from the words of the Statute, that it expresses the mind of Parliament that Local Authorities shall not work tramways. Standing Order 171 goes further, and prohibits powers enabling a Municipal or other Local Authority to work any tramway. Now, several Authorities have come to the House this Session with a desire to make and work tramways, and the House will remember we discussed the question of such a tramway on Westminster Bridge. But it was said by the representatives of the London County Council that the Council had no intention of working the tramway, but they felt it necessary to ask for the power in order that they might be in a position to make a proper bargain with the Company to whom they proposed to lease the tramway. I believe the other Authorities applying for powers are of the same mind. They do not wish to work tramways, except so far as may be necessary to enable them to bargain freely with Tramway Companies. It has been represented that without such power the Local Authority would be at a disadvantage in negotiations with the Tramway Company, for the latter might say, "Unless you agree to our terms your capital invested in the tramway will remain unproductive, for you cannot work the line, and it cannot be used at all." Corporations, therefore, have urged that there should be power, at all events, for the Local Authority to say they will work the tramway themselves, failing to come to reasonable terms with any Company, that they may keep the latter at arm's length, so to speak, in carrying out negotiations. I therefore propose to the House that the Standing Order which prohibits the working of a tramway by a Local Authority shall be amended, so that a tramway may provisionally be worked by such Authority, adding, however, a provision— That if at any time during such working by the Local Authority any company make to the Local Authority a tender in writing to take a lease of and to work the tramways for such period (not being less than seven years, unless the Local Authority shall otherwise agree) at such rent and upon such terms and conditions as shall in the opinion of the Board of Trade be adequate and proper, then the working of the line by the Corporation shall cease. This will release Local Authorities from any difficulty they find themselves in from the present restrictions, and enable them to conduct a free and open bargain.

Standing Order 171 read and amended by adding at the end thereof the words:— Provided that where any tramways have been constructed or acquired, or are authorised by the Bill to be constructed or acquired by the local authority, the Committee on the Bill may, if they think fit, under the special circumstances of the case insert a clause to the following effect:— If the local authority are unable to demise the tramways upon such terms as in the opinion of the Board of Trade will yield to the local authority an adequate rent therefor, the Board of Trade may grant a licence to the local authority to work such tramways, and the local authority may thereupon work the same, and may provide such plant, materials, and things as may be requisite or convenient therefor; and in such case all enactments relating to the working of the tramways and the taking of tolls and charges therefor shall extend and apply mutatis mutandis to, and in relation to, the local authority: Provided that if at any time during such working by the local authority any company make to the local authority a tender in writing to take a lease of and to work the tramways for such period (not being less than seven years, unless the local authority shall otherwise agree) at such rent and upon such terms and conditions as shall in the opinion of the Board of Trade be adequate and proper, and such company at the same time offer to purchase the horses, cars, engines, and fixed and movable plant of the local authority not included in such lease, at a price to be fixed, unless otherwise agreed on between such company and the local authority, by a competent valuer, to be appointed by the Board of Trade; then upon payment of such price, the local authority shall demise the tramways to such company at such rent and upon such terms and conditions, and the powers of the local authority to work the tramways shall cease and determine. And the Committee shall report the circumstances specially to the House."—(The Chairman of Ways and Means.)