HC Deb 18 December 1916 vol 88 cc1260-1

In this Act, unless the context otherwise requires, the expression "Local Government Board" means the Local Government Board for Ireland;

the expression "prescribed" means prescribed by the Local Government Board; and

the expression "site" includes buildings and other structures on, in, or under the surface.

Amendments made: After the word "requires" ["otherwise requires"], insert the words,

"the expression 'Land Judge' means the Land Judge of the Chancery Division of the High Court; and

the expression 'Judicial Commissioner' means the Judicial Commissioner of the Land Commission.

"After the word" surface" ["under the surface"], insert the words "and the expression 'buildings' include houses"—[Mr. Duke]

Mr. DUKE

I beg to move to add the words:

"(2) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, so far as it relates to local inquiries shall apply for the purposes of this Act as it applies for the purposes of the Local Government (Ireland) Act, 1898."

The object is to incorporate Article 32 of the Local Government Board Act to provide machinery for local inquiries under this Act, as provided for ordinary Local Government Board inquiries in Ireland.

Mr. HEALY

This is incorporating not a Statute, but practically a rule. It is merely giving the sanction of this House to a rule made by a Department. I think it would be much' better for the Government to propose this in the House of Lords as a substantial enactment. I think it most undesirable to incorporate in a public Bill some rule made by a Department.

Mr. CLANCY

My hon. and learned Friend has forgotten that this is an application of a reference order and not an order made by any Department.

Mr. HEALY

The article is.

Mr. CLANCY

The order is made by the Privy Council, and has the force of law.

Mr. HEALY

That is my objection.

Mr. CLANCY

And after six months it has the force of a Statute.

Mr. HEALY

I object to that.

Amendment agreed to.