HC Deb 12 August 1913 vol 56 cc2459-60

In this Act the expression "monument" includes any structure or erection, other than ecclesiastical building which is or the time being used for ecclesiastical purposes; and the expression "ancient monument" includes any monument specified in the Schedule to the Ancient Monuments Protection Act, 1882, and any other monuments or things which, in the opinion of the Commissioners of Works are of a like character, and the site of any such monument, or of any remains thereof; and any part of the adjoining land which may be required for the purpose of fencing, covering in, or otherwise preserving the monument from injury, and also includes the means of access thereto.

Mr. BENN

I beg to move after the word "character" ["are of a like character"] to insert the words "and any monument the preservation of which is a matter of public interest, by reason of the historic architectural, traditional, artistic or archælogical interest attaching thereto, or any part thereof, or any remains thereof."

Amendment agreed to.

Mr. DUNDAS WHITE

I beg to move after the word "monument" ["and any monument"] to insert the words "whether structural or otherwise."

The object of this Amendment is to make sure that the term "ancient monument" includes some things of very great interest in Scotland, namely rocks and stones that have cut markings and other designs upon them. It seems doubtful whether they will come under the Bill as it stands. If you look at the definition it says "any structure or erection, other than an ecclesiastical building." It is clear these are not structures or erections. Then "any monument specified in the Schedule to the Ancient Monument Protection Act, 1882, and any other monuments or things which in the opinion of the Comissioners of Works are of a like character." It may possibly be argued that these stones with cut markings are of like character to some of the things specified in this Schedule which I may say will be the only unrepealed part of the former Ancient Monuments Act, and I do think words or similar words should be put in, in order to make it clear that these stones with ancient and prehistoric markings are ancient Monuments within the meaning of the Act.

Mr. BENN

I do not think this Clause is a model of precise definition, and I do not think it is necessary that my hon. Friend should add the words "whether structural or otherwise." If he will look at the Clause he will see that the expression "ancient monument" includes any monument specified in the Schedule to the Ancient Monuments Protection Act, 1882, and any other monuments or things which, in the opinion of the Commissioners of Works, are of a like character. These words were specially added to cover cases such as my hon. Friend has in mind.

Mr. DUNDAS WHITE

I would point out that that of which I speak is in no sense a structure.

Mr. BENN

It is "of a like character."

Amendment, by leave, Withdrawn.