HC Deb 13 August 1919 vol 119 cc1560-1

(1) Where at the end of the period of possession by the Government of any undertaking or of any part or plant of an undertaking the value of the undertaking on a revenue-earning basis has been reduced or enhanced as compared with the value at the commencement of such period, or where during that period the income thereof has been reduced or enhanced, after taking into account in either case—

  1. (a) any capital expenditure by the owners of the undertaking on any works brought into use in the interval; and
  2. (b) where the undertaking has not before possession was taken by the Government paid a dividend out of revenue of four percent. on its ordinary capital the natural growth of traffic on the undertaking,"
then, if and so far as such reduction or enhancement is due to the exercise by the Minister during that period upon the undertaking in question of the powers under Section three of this Act (including such powers as have been hitherto exercised by the Board of Trade as mentioned in paragraph (1) (a)of that Section) the owners of the undertaking shall, unless such reduction or enhancement is otherwise provided for by the payments mentioned in paragraph (1) (a) of that Section, be entitled to be recouped, or liable to pay. the amount by which that value has been so reduced or enhanced, and if any question arises as to such amount or the liability to pay the same, or otherwise with respect to the financial relations between the Minister and any person affected by the exercise by the Minister of any of his powers under the said Section, the question shall be determined by the Railway and Canal Commission having regard to all the circumstances of the case.

(6) The Minister shall indemnify, and keep indemnified, the owners of any undertaking of which or of any part of which, or of any plant of which possession has been retained or taken against all actions, claims, and demands made in respect of loss or injury alleged to be caused by the carrying out of any directions given by the Minister under Section three of this Act:

Provided that where the loss or injury is due to the breach of any contractual obligation the Minister shall not be liable under this provision unless before carrying out the directions the owners of the undertaking have given written notice to the Minister of the existence of the obligation.

Lords Amendments:

6.0 A.M

In Sub-section (1), leave out the words, "(b) where the undertaking has not before possession was taken by the Government paid a dividend out of revenue of four per cent. on its ordinary capital."—Agreed to.

Leave out the word "payments" ["provided for by the payments"], and insert instead thereof the word "compensation."—Agreed to.

Lords Amendment:

In Sub-section (b), after the word "taken" ["has been retained or taken''], insert the words "and the owners of any harbour, dock, or pier undertaking."

Mr. SPEAKER

This also, I think, is a privilege Amendment, because it brings within its scope a fresh class for indemnification.

Mr. SHORTT

We do not dispute it. We simply do not move that we waive the privilege.

Lord R. CECIL

Then I beg to move that we waive our privilege, in order to give the Government an opportunity of explaining.

Mr. SPEAKER

I put the Question, "That the House doth disagree with the Lords in the said Amendment," and the Noble Lord can vote against it.

Sir W. JOYNSON-HICKS

On a point of Order. If the Amendment made by the Lords infringes the privilege, is it consistent with the privileges of this House that you, Mr. Speaker, should put the Motion? Surely the Motion should go, unless there; is a Motion to waive the privilege?

Mr. SPEAKER

The proper course is that which has been taken in another case. If the House wishes to waive privilege it can move to do so, or if the Government do not wish to do so, they need not move.

Mr. SHORTT

If it is desired, I will waive privilege.

Question, "That this House doth disagree with the Lords in the said Amendment," put, and negatived.

Lords Amendment: After the word "Act" ["under Section three of this Act"], insert the words "or as the case may be any requirements contained in any Order made by the Minister under Section four of this Act."—Agreed to.