HC Deb 12 December 1919 vol 122 cc1804-6

(2) Any person aggrieved by an Order made by a local authority under this Section may appeal to the Minister, and on any such appeal the Minister shall refer all such cases to a standing tribunal of appeal to be appointed by the Minister, consisting of five persons who have power either to annul the Order or to make such Order in the matter as the local authority could have made, and the decision of the tribunal of appeal in the matter shall be final and not subject to appeal to or review by any Court.

(4) In any action or proceedings for breach of a contract to construct any works or buildings, it shall be a good defence to the action or proceedings to prove that due fulfilment of the contract was rendered impossible by reason of an Order having been made under this Section.

Dr. ADDISON

I beg to move, in Subsection (2), after the word "may" ["under this section may appeal"] to insert the words, "subject to rules of procedure to be made by the Minister."

This Amendment authorises the Minister to prescribe the rules of procedure in respect to the hearing of appeals. It is clear that rules will have to be prescribed limiting the time in which appeals will have to be made, the order of their being made and so forth. We have accepted au appeal tribunal, and it follows necessarily that some rules must be issued for the guidance of persons appealing to the tribunal.

Sir J. BUTCHER

Will there be any opportunity fox the House to consider these rules of procedure? Will the rules, in accordance with the usual practice, be laid on the Table for a certain number of days so that if they are found to be undesirable the House may have an opportunity of revising them?

Mr. SPEAKER

These are rules made by local authorities, and I do not suppose the hon. and learned Member suggests that they should be laid on the Table.

Amendment agreed to.

Dr. ADDISON

I beg to move, at the end of Sub-section (2), to insert (3) Where any appeal against an Order made under this Section is not finally determined within fourteen days after the date on which notice of appeal against the Order was given, the operation of the Order shall be suspended as from the expiration of the said fourteen days until the appeal has been finally determined. This Amendment is to provide that a time limit must be imposed for the determination of an appeal. My right hon. Friend the Member for Chelmsford (Mr. Pretyman) asked whether in the event of an order being made preventing a man from going on with his building, he would be the subject of penalties if he continued to build during the hearing of the appeal. That is a very important question. I am advised that he would. In order not to hold a man up in an unfair manner this Amendment is moved. The Amendment provides that after the lapse of a fortnight, if the appeal has not been determined, it would not be illegal for the man to continue his operations. He would be unduly penalised in the event of a long delay occurring, and in the event of the appeal then being granted he would suffer severe financial loss thereby. This Amendment puts a limit to the delay.

Amendment agreed to.

Dr. ADDISON

I beg to move, in Subsection (4), to leave out the words "due fulfilment of the contract was rendered impossible by reason of," and to insert instead thereof the words "the non-fulfilment of the contract was due to compliance with."

This Amendment is moved to meet a point raised by the hon. and learned Member for Warrington (Mr. Harold smith). He raised some objection to the words in the Sub-section which, on review, my legal advisers think a valid objection. The Clause will now be brought into proper form and in accord with the decisions of the Courts. The Amendment provides that it would be a good defence to an action to prove that the non-fulfilment of the contract was due to compliance with an order made under this Clause.

Amendment agreed to.

Further Amendment made: In Subsection (4), leave out the words "having been" ["an Order having been made"]. —[Dr. Addison.]

Sir J. BUTCHER

I beg to move, at the end of the Clause, to insert the words Any Rules of Procedure made by the Minister under this Section shall be laid on the Table of the House for twenty-one days. Under an Amendment just made we lave inserted the words" subject to Rules of Procedure to be made by the Minister." As that is an executive act of the Minister, and as the effect of the Rules may be serious, I suggest that it ought to be within the competence of this House to consider those Rules and, if necessary, to amend or reject them. That is the usual practice in regard to Rules of Procedure before tribunals. It would obviously not be right to allow a Minister, however respected, by inadvertence or otherwise, to make rules which might turn out to be very objectionable in character and inadequate to the necessities of the case. I therefore urge upon my right hon. Friend that it would be right to lay those rules so that they might be considered by the House.

Mr. E. WOOD

I beg to second the Amendment.

Dr. ADDISON

Subject to being able to review these words in another place, if necessary, I do not think we have any particular objection to them. These, of course, are rules under which people may prohibit a building of a non-essential kind. If it is found on examination that this Amendment would involve delay in putting into execution the powers of this Clause where it was really necessary, then I must reserve the right to add words to obviate that. That is only fair. It is conceivable that in some cases luxury building will have to be stopped fairly promptly-and this Amendment might cause delay in those cases. Subject to that reservation I accept the Amendment.

Sir J. BUTCHER

I am much obliged. I have no desire to cause any delay, but rather the contrary.

Amendment agreed to.