HC Deb 07 March 1898 vol 54 cc854-6
THE LORD ADVOCATE (Mr. A. GRAHAM MURRAY,) Buteshire

, in introducing the Private Bill Procedure (Scotland) Bill, to provide for improving and extending the procedure for obtaining Parliamentary powers by way of Provisional Orders in matters relating to Scotland, said: I will not detain the House with many observations, except by stating its essential and general policy. As hon. Gentlemen are aware, the necessity for some alteration in the procedure, by which Parliamentary powers are obtained for Scotland, has long been recognised and most urgently called for in many quarters. The outcome of that was, as hon. Members are aware, that a Bill was introduced last year. As they will remember that Bill contained many provisions which attempted a solution of the question. But it differed in this respect—it differed in regard to the Provisional Order system as against the Private Bill System. There are, I believe, three points that are best kept in view in any legislation in this direction. The first refers to the means of obtaining unopposed Orders; secondly, there is the provision of a local inquiry, instead of forcing people to come to Westminster; and, thirdly, there is the proper safeguarding of Parliamentary control. I believe that, in the Measure which I am asking leave to introduce, it will be found that adequate provision has been made for all these three points. I will take, first of all, the last point. Hon. Members will remember that Parliamentary control is of two characters. In the first place, there are certain subjects which are subject-matter, obviously of such a character that they are not capable of being disposed of by Provisional Order, and only fit for procedure by Private Bill. Accordingly, in this Measure there is provision for the matter being determined by the Chairmen of the Committees of both Houses. Then there is another sort of Parliamentary control. There might be the possibility, under the Provisional Orders, of getting things, so to speak, smuggled in, which would not be allowed to pass if they proceeded by way of Private Bill. Accordingly, there are provisions for submitting these Provisional Orders to Private Bill Committees. As to the local inquiry, the difficulty has always been the selection of the panel. The scheme of the Bill is that there should be a panel of 20, with a reserve of 20, to fill up vacancies which may occur during the period of five years in which the panel survives. They have to be elected by a body of five members—namely, the Secretary for Scotland, two members representing the burghs, and two members representing the counties. Fifteen thousand has been taken in burghs as representing more or less a unit of population which corresponds with counties, and accordingly the county councils are to elect two representative members. The burghs of Scotland with a population of about 15,000 have two representative members, and those, along with the Secretary of Scotland, are to make that body and who are to form this panel of 20 and 10. To the persons selected from that panel, for each particular inquiry, is to be added a sheriff selected by the Lord President of the Court of Session. After the local inquiry an Order will be framed, and, if no representation is made against it, it will have the effect of an Act of Parliament.

Read the first time; to be read a second time upon Monday next, and to be printed. [Bill 115.]