HC Deb 12 July 1918 vol 108 cc621-2

The expenses of any council in England and Wales under this Act shall be defrayed in the same manner as expenses under the Notification of Births Acts, 1907 and 1915, and the purposes of this Act shall be purposes for which a sanitary authority in London may borrow under Subsection (2) of Section one hundred and five of the Public Health (London) Act, 1891:

Provided that a county council may, if they think fit, charge all expenses under this Act or those Acts as general county expenses subject to the condition that if any district council within the county has provided for its district a similar service to that provided by the county council for other parts of the county, the county council shall pay to the district council the amount raised by the county council in the district in respect of such service.

Colonel Sir HAMAR GREENWOOD

I beg to move, at the end, to insert the words, Any question that may arise between a county council and a district council under this proviso shall be determined by the Local Government Board. I have put this Amendment down in order to clear up a doubt in my own mind, which may or may not be well-founded, as to what will arise in the event of any conflict between a county council and a district council as to what is "a similar service." I wish the difference between the two to be settled by the President of the Local Government Board. As the Bill now stands, I am afraid that it will be settled in a Court of law. That, I am sure, we all wish to avoid. I hope, therefore, the President will be able to clear up my doubt. May I take this opportunity, as vice-president of the Association of Municipal Corporations, to congratulate the President of the Local Government Board on the way he has met these local bodies, in that way differing from some of his colleagues, and listened to the expert opinion of those who will have to administer the Bill when it becomes law, and who has done his best to meet the wishes of the House of Commons? I congratulate him on being distinguished from some of his colleagues in that respect.

Mr. G. THORNE

I beg to second the Amendment on the same lines as my hon. and gallant Friend. We only want to avoid this difficulty, if the difficulty is likely to arise. Perhaps the right hon. Gentleman will indicate whether there is any likelihood of that, and, if so, whether he thinks this is the best way of settling it.

Mr. FISHER

After the complimentary speech from my hon. and gallant Friend I can hardly hope to oppose this Amendment. I think it is possible that litigation might arise unless these words were adopted. I must congratulate my hon. and gallant Friend on looking at it in a really honourable and gallant way rather than an honourable and learned way. I think, undoubtedly, litigation might arise between these two bodies, the county council and the district council, as to what exactly is meant by "similar service." If such difficulties should arise, and this Amendment is agreed to, it will be left to the Local Government Board to settle the difference. I, therefore, accept the Amendment.

Amendment agreed to.

Motion made, and Question, "That the Bill be now read the third time," put, and agreed to.

Bill accordingly read the third time, and passed.