CLAUSE 8.—(Determination of Questions by Railway and Canal Commission.)

HC Deb 31 December 1916 vol 88 cc1692-6

The provisions of the Railway and Canal Traffic Act, 1888, as amended by any subsequent enactment, relating to the procedure for the determination of questions by the Commission under that Act, including the provisions relating to appeals, shall apply to the determination of questions referred to the Commission under this Act, as if they were herein re-enacted and in terms made applicable to this Act:

Provided that—

1. (a) the Commission may in any case in which they think it expedient to do so call in the aid of one or more assessors specially qualified, and hear the case wholly or partially with the assistance of such assessors;
2. (b) the Commission may hold a local inquiry for the purposes of this Act by any one of their members, or by any officer of the Commission or other person whom they may direct to hold the same, and the said provisions of the Railway and Canal Traffic Act, 1888, except the provisions relating to appeals, shall, so far as applicable, apply to such inquiries, and any officer or person directed to hold an inquiry shall have power to administer an oath and shall report the result of the inquiry to the Commission. In particular, where the subject matter of the inquiry relates to the amount of compensation only, the Commissioners shall, if so required by either party, appoint one of a panel of referees to be appointed in like manner as the panel appointed under Part I. of the Finance (1909–10) Act, 1910, such referee to be chosen in manner provided by rules under Section thirty-three of that Act, to hold that inquiry, and subject to an appeal to the Commission on any question of law, the Commission shall act on the report of their referee;
3. (c)the Commission may act by two of their members;
4. (d) the discretion of the Commission with respect to costs shall be subject to the provisions of the Lands Clauses Acts as modified by this Act as to costs, in cases where those Acts as so modified apply, but shall not be limited in the manner provided by Section two of the Railway and Canal Traffic Act, 1894.
5. (e) Nothing in this Act shall prevent the reference to a single arbitrator of any question of the amount of compensation under this Act if it be agreed between the parties that it be so referred.

Lords Amendment:

At beginning insert,

"(1) All questions as to compensation or as to the purchase price of land or any interest therein to be paid under this Act shall—

1. (a) if both parties agree within such time as may be allowed by the Commission, be determined by a single arbitrator agreed by the parties;
2. (b) if either party so requires within such time as may be allowed by the Commission, be referred to such one of a panel of referees to be appointed in like manner as the panel appointed under Part I. of the Finance 1909–10) Act, 1910, as may be selected by the Reference Committee as defined by Section thirty-three of that Act, whose decision shall, subject to an appeal to the Commission on any question of law, be final;
3. (c) in any other case, be determined by the Commission."

Mr. D. WHITE

I beg to move, in paragraph (b) of the Lords Amendment, to leave out the words "subject to an appeal to the Commission on any question of law, be final," and insert instead thereof the words "be subject to an appeal to the Commission."

I think this may be a convenient way of raising a question which seems to me to be one of the main points of the Bill, namely, whether the Commission is to be the ultimate authority and whether or not there is to be an appeal to the Commission. As the Clause stands it is so framed that there can only be an appeal to the Commission on points of law, and that, in nine cases out of ten, will probably be of no use whatever. It seems to me that there is every case for entrusting the final decision to the Railway and Canal Commission. They know in a practical way the working of the Lands Clauses Act. They have matters of this kind constantly before them, and I think it is in the interests of the public that the final word should rest with them, as it did when the Bill left this House. I therefore move the Amendment which I have handed in, the effect of which would be to make the last two lines of Sub-section (6), instead of "shall, subject to an appeal to the Commission on any question of law, be final," read as follows: "shall be subject to an appeal to the Commission."

Mr. CHANCELLOR

I bee to second the Amendment.

Sir G. CAVE

This Amendment of the Lords is a pure drafting Amendment. It provides that the question of fixing compensation or the purchase price of land shall, if both parties agree, be determined by a single arbitrator. It practically reproduces paragraph (e) of the Bill as it left this House. Again, the Amendment provides that if either party so requires the question shall go before the referee, whose decision shall be final, subject to an appeal to the Commission on any question of law. That reproduces the latter part of paragraph (b) as it left this House. There seems to be nothing new in it: it is a pure reproduction. With respect to the hon. Member's Amendment we should be going back on our own decision in striking out words which we ourselves put in the Bill. At the end of paragraph (b), as it left this House, there is provision for an appeal to the Commission on any question of law I do not know whether it is in order for us to strike out of the Bill something which was in the Bill as we sent it up. I submit that we ought not to do it.

Sir T. WALTERS

That does not raise the point I dealt with before as to whether a portion of the whole of the land shall be taken?

Sir G. CAVE

No; it does not.

Amendment to the Lords Amendment negatived.

Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.

Lords Amendments:

After the word "questions" ["determination of questions"], insert the words "including appeals from referees."— Agreed to.

In paragraph (b) leave out the words "In particular, where the subject matter of the inquiry relates to the amount of compensation only, the Commissioners shall, if so required by either party, appoint one of a panel of referees to be appointed in like manner as the panel appointed under Part I. of the Finance (1909–10) Act, 1910, such referee to be chosen in manner provided by rules under Section 33 of that Act, to hold that inquiry, and subject to an appeal to the Commission on any question of law, the Commission shall act on the report of their referee."—Agreed to.

In paragraph (c), after the word "members," insert the words "one of whom shall be the judge."—Agreed to.

Leave out paragraph (e),"Nothing in this Act shall prevent the reference to a single arbitrator of any question of the amount of compensation under this Act if it be agreed between the parties that it be so referred."—Agreed to.