HC Deb 11 December 1908 vol 198 cc1098-100

Lords' Amendments considered.

Lords Amendments to the Amendment— In page 4 line 10, agreed to.

Lords Amendment— In page 4, line 10, to leave out the words compulsory purchase,' and insert the words 'acquisition.'

The next Amendment disagreed to.

Lords Amendmont— In page 4, line 11, to leave out the words 'the Act of 1890, and to insert the words 'that Act.'

The next Amendment agreed to.

Lords Amendment— In page 4, line 14, after the word 'Board, to insert the words '(a) If land is not proposed to be taken compulsorily; or (b) If, although land is proposed to be taken compulsorily, the Local Government Board, before making an absolute order, are satisfied that notice of the draft or Provisional Order, as the case may be, has been served as required as respects a Provisional Order by subsection (5) of Section 8 of the Act of 1890, and also that the draft or Provisional Order, as the case may be, has been published in the Dublin Gazette, and that a petition against it has not been presented to the Local Government Board by any owner of land proposed to be taken compulsorily within two months after the date of the publication and the service of notice or, having been so presented, has been withdrawn.'

THE ATTORNEY-GENERAL FOR IRELAND (Mr. CHERRY,) Liverpool, Exchange

in moving to disagree to the Amendment said that it dealt with the provision of the Bill that dispensed with the confirmation by Parliament of an Order of the Local Government Board where land was taken compulsorily for the purposes of the Act. He understood that ever since the year 1890, although numerous Orders had been made by the Local Government Board and brought to that House for confirmation, in no single instance had Parliament ever refused to confirm the Order. The procedure involved a very great deal of delay which was obviated by the provisions of the Bill which it was proposed to amend.

Amendment disagreed to.

Lords Amendment— In page 4, line 20, after the word 'Board,' to insert the words 'as the case may be.'

The next Amendment agreed to.

Lords Amendment— In page 4, line 31, after the word 'published,' to insert the words '(4) If an order of the Local Government Board, which, if no petition were presented, would take effect without confirmation, is petitioned against, the Local Government Board may, if it thinks fit, on the application of the local authority, make any modifications in the scheme to which the order relates for the purpose of meeting the objections of the petitioner, and withdraw the order sanctioning the original scheme, substituting for it an order sanctioning the modified scheme. (5) The same procedure shall be followed as to the publication and giving notices, and the same provision shall apply as to the presentation of petitions and the effect of the order, in the case of the order sanctioning the modified scheme, as in the case of the order sanctioning the original scheme, but no petition shall be received or have any effect except one which was presented against the original order, or one which is concerned solely with the modifications made in the scheme as sanctioned by the new order. (6) The provisions of this section shall extend to orders of the Local Government Board made after the passing of this Act upon petitions of local authorities presented before the passing of this Act.'

The next Amendment read a second time.

Amendment divided.

So much of the Lords Amendment as proposes to insert subsection (4) and (5) disagreed to.

So much of the Lords Amendment as proposes to insert subsection (6) agreed to.

Subsequent Lords Amendments, to the Amendment in page 7, line 11, agreed to.

Lords Amendment— In page 7, line 11, after the word 'woods,' to insert the words '(4) Provided that nothing in this Act shall authorise the appropriation or utilisation for the purposes of the Act of any common or commonable land, or any recreation ground, village green, or other open space dedicated to the use of the public, or any disused burial ground, or any land held on trusts which prohibit building thereon, or held in trust for some charitable purpose, or for some particular public purpose specified or defined, as distinguished from the general purposes of a municipality or township or the general benefit or advantage of the inhabitants thereof,' the next Amendment, read a second time, amended, in line I, by leaving out the word 'Act' and inserting the word 'section,' and by leaving out from the word 'ground,' in line 5, to the end of the Amendment, and agreed to."—(Mr. Cherry.)

Lords Amendment— In page 7, line 15, after '1890,' to insert the words 'of any town the population of which according to the lust census exceeds two thousand.'

The next Amendment disagreed to.

Remaining Lords Amendments agreed to.

Committee appointed to draw up reasons to be assigned to the Lords for disagreeing to certain of the Amendments made by the Lords to the Bill.

Committee nominated of, Mr. Attorney General for Ireland, Mr. Hugh Barrie, Mr. Fuller, Mr. Mooney, and Mr. Thomas O'Connor.

Three to be the quorum.

To withdraw immediately.—(Mr. Cherry.)