§ Mr. CASSELasked the President of the Local Government Board what were the special circumstances which disentitled Mr. Arlidge to state his case to the Board why an order should not be made confirming the closing order made by the Hampstead Borough Council in respect of 83, Palmerston Road?
§ The PRESIDENT of the LOCAL GOVERNMENT BOARD (Mr. Burns)Mr. Arlidge appealed to the Board against a closing order made by the Hampstead Borough Council under the Housing, Town Planning, etc., Act, 1909, and in the statement of appeal the grounds on which it was contended that the closing order should not be confirmed were stated. The Board arranged for the public local inquiry rendered necessary by the Act, and gave the appellant notice of it. The appellant informed the Board that he had decided not to appear on the inquiry, and stated that he did not see how on the inquiry he could tender any better evidence than that already in the Board's possession in support of his contention that the closing order should not have been made. The inquiry is, of course, intended to ascertain the facts of the case, and to give each party in the presence of the other party every opportunity of stating his position. Facts are elicited and statements tested by examination and cross-examination. The appellant was fully aware of the intention of the inquiry, and deliberately refrained from being formally represented. The procedure of the Board on the appeal was precisely that contemplated and explained when the Housing Bill was under the consideration of Parliament, and I hope that in view of this full statement of the special circumstances of the case the hon. Member will agree that the appellant's claim to a further hearing is untenable.
§ Mr. CASSELWere there really the special circumstances which the right hon. Gentleman referred in his answer to me when he said, "If the hon. Gentleman himself knew of the special circumstances applying to this very special litigant I do not think he would press me to do what he asks me to do," when what he has stated now was the substance of what was stated in my question?
§ Mr. BURNSIf the hon. Member is going to raise this on my Vote this afternoon he will have an ample opportunity of deciding for himself what are the special circumstances.