§ Mr. WEIRasked the Lord Advocate, in view of the fact that in the Report of the Congested Districts Board for Scotland, page 8, the Secretary for Scotland states that, it being doubtful whether the Board under the existing Act have power to hold land either temporarily or permanently, it is the intention of the Government to seek such powers from Parliament, will he state whether the proposed legislation will take the form of an Amendment of the Congested Districts Board (Scotland) Act, or does the Government contemplate the reintroduction of the Small Landholders (Scotland) Bill; and, if so, when?
§ Mr. UREMy predecessor in office and I have, after careful consideration of the provisions of the existing Act, reached the conclusion that under it the Congested Districts Board has power to hold land. Amending legislation in the direction suggested by my hon. Friend is, therefore, in my judgment, unnecessary.
§ Mr. WEIRIn view of the fact that the Congested Districts Board Report just issued, and signed by the Secretary for Scotland, throws a doubt on the point, will he ask the Secretary for Scotland to amend his statement so that it may agree with the opinion of the Law Officers?
§ Mr. UREI am quite in agreement with my predecessor that the Congested Districts Board have power to hold land.
§ Mr. COCHRANEMay I ask whether the opinion which the Lord Advocate has expressed regarding the power of the Congested Districts Board to hold land is in accordance with the opinion expressed by his predecessors?
§ Mr. UREIt is entirely in accordance with the opinion of my immediate predecessor. I am not aware that the Law Officers were ever consulted on this question previous to its being submitted to my immediate predecessor, myself, and the Solicitor-General.
§ Mr. COCHRANECan the right hon. Gentleman give the date when that opinion was expressed by the Law Officer?
§ Mr. UREI cannot at this moment give the date, but it was certainly anterior to the commencement of the present Session.
§ Sir HENRY CRAIKMay I ask whether the action of the Secretary of State for Scotland has been hitherto based on the assumption that such a power did not belong to him?
§ Mr. UREI believe my hon. Friend is quite right. I believe the question was only considered for the first time by my immediate predecessor in office.
§ Mr. COCHRANEIs there any way of reviewing the matter and obtaining a definite decision on this point?
§ Mr. UREChallenge of the action of the Congested Districts Board may be made in an appropriate court.