HC Deb 29 April 1902 vol 107 cc166-7
MR. PIRIE

I beg to ask the Lord Advocate, as representing the Secretary for Scotland, whether, in the case of the Aberdeen Tramways Provisional Order Bill and the Buckie Harbour Provisional Order Bill, the Commissioners appointed to hear the same under the Private Legislation Procedure (Scotland) Act,. 1899, had of their own motion, with due regard to the subject matter of the proposed Orders and to the locality to which their provisions relate, and without any reference to or instructions or suggestions from the Secretary for Scotland, determined to hold the inquiry in Edinburgh instead of at Aberdeen; if so, whether, in so deciding, the Commissioners had before them and under their consideration the nature of the inquiry and the extra expenses which would be entailed upon those promoting and upon those opposing the said Orders owing to the inquiry being held in Edinburgh instead of in Aberdeen.

MR. A. GRAHAM MURRAY

It is very desirable not to delay the announcement of the place and date of an inquiry under the Private Legislation Procedure Act, to allow of the necessary arrangements being made by parties. It has, therefore, been the practice for the Secretary for Scotland as soon as possible to consult with the Chairman of Commissioners, and on obtaining his concurrence to announce the place and date immediately after the Commissioners have been appointed. Under these circumstances no preliminary meeting of Commissioners has been usual for the purpose of determining the place and date of inquiry, and so far as the Secretary for Scotland is aware, no such meeting was held in the case referred to.

MR. PIRIE

I beg to ask the Lord Advocate, as representing the Secretary for Scotland, whether he is aware that the Chairman of Commissioners, recently appointed under the Private Legislation Procedure (Scotland) Act, 1899, to hold the inquiry in the case of the Aberdeen Tramways Provisional Order, has stated that the decision to hold the inquiry in Edinburgh was come to by the Scottish Office and not by the Commissioners, and that, in his opinion, the inquiry should have been held in the locality concerned; and whether, before the place of inquiry was decided upon, any opportunity had been afforded to the promoters and opposers of the Provisional Order of being heard on the convenience of the place for holding the inquiry.

MR. A. GRAHAM MURRAY

I have seen a report in an Aberdeen newspaper of an interview with the noble Lord who acts as Chairman of the Commissioners, but whether it correctly represents his views I do not know. The promoters and opponents were not formally heard as to the place of inquiry. No such hearing was asked for, but due consideration was given to communications made to the Scottish Office and its representatives in the matter.

MR. BRYCE (Aberdeen, S.)

But is it not the fact that under the Act the decision as to where the inquiry shall be held is left to the Commission?

MR. A. GRAHAM MURRAY

Yes, the Commissioners are to hold the inquiry where they please.

MR. PIRIE

I shall draw the attention of the House to this matter on the first possible opportunity.