HC Deb 26 June 1919 vol 117 cc398-400

(1) In any proceedings before an official valuer, not more than one expert witness on either side shall be heard unless the official valuer otherwise directs.

(2) The official valuer shall, on the application of either party, specify the amount awarded in respect of any particular matter the subject of the award.

(3) The official valuer shall be entitled to enter on and inspect any. land which is the subject of proceedings before him.

(4) Proceedings under this Act shall be heard by an official valuer sitting in public.

(5) The fees to be charged in respect of proceedings before official valuers shall be such as the Treasury may prescribe.

Sir F. BANBURY

I have put down an Amendment to leave out Sub-section (1).

The object of this Amendment is to permit more than one expert witness to be called if it is necessary to do so, but I see that the Attorney-General has an Amendment next to mine on the Paper, and although it does not altogether do what I desire it goes a long way in that direction, and if the Home Secretary is going to move that Amendment I will not move mine.

Mr. SHORTT

I beg to move, at the end of Sub-section (1), to add the words Provided that where the claim includes a claim for compensation in respect of minerals, or disturbance of business as well as in respect of land; one additional expert witness on either side on the value of the minerals or, as the case may be, on the damage suffered by reason of the disturbance may be allowed. This Amendment is really the same as that of the right hon. Baronet, only it is more specific. It will really be necessary in many inquiries to have more than one expert witness, because there will be totally different questions arising with which different witnesses must deal.

Amendment agreed to.

Mr. SHORTT

I beg to move, at the end of Sub-section (1), to insert the words, It shall nut be necessary for an official valuer to make any declaration before entering into the consideration of any matter referred to him.

Sir F. BANBURY

I am not quite certain that I understand fully the meaning of this Amendment. Does it mean that the official valuer will not be required to make a declaration if he is interested in the matter coming before him; or, if not, what does it mean? Perhaps the hon. and gallant Member for Bridgwater (Colonel Sanders) will kindly inform us what this Amendment does mean. Apparently, the matter is one requiring some elucidation. I know the courtesy of my hon. and gallant Friend, and that he would explain it if he could. The Home Secretary has now reappeared, and perhaps he will explain to my ignorant mind the actual meaning of this Amendment.

Mr. SHORTT

Under the Lands Clauses Act every arbitrator or umpire, before he can enter into an inquiry, has to make a declaration as to the award and other matters, and this adds to the proceedings.

Amendment agreed to.

Mr. SHORTT

I beg to move, at the end of the Clause, to insert the words Subject as aforesaid the reference committee may make rules regulating the procedure before official valuers. That simply gives power to the Reference Committees, that is in England, for example, the Lord Chief Justice, the Master of the Rolls, and the President of the Surveyors' Institute, to make any rules regulating the procedure before the official valuers. Thus you will get uniformity of procedure and the most convenient procedure can be adopted.

Sir D. MACLEAN

Will Parliament have an opportunity of seeing what these rules are before they come into effect? It is rather important in view of the fact that we are setting up a new public; Department to know on what kind of procedure the new body will move. These rules might very well be laid in the usual way to give us an opportunity of seeing what they are.

Mr. SHORTT

Probably the simple way will be to do exactly what is done in the case of rules of court. That I think will be arranged.

Sir F. BANBURY

I am much obliged to the Home Secretary for his explanation. The Amendment says that the Reference Committee may make rules. The Home Secretary tells us that the object of the Amendment is to enable the Committee to-make rules. I can see that for myself in the Amendment, but I do not quite see how he can have these rules put upon the Table, because rules may be made at various times, and delays might ensue. Whether it is desirable to give these powers to a Reference Committee is a different matter. In all probability they will make the necessary rules, but it is rather awkward that we should have one Minister in charge of the Bill one day and another on another day with perhaps a difficulty of communicating with each other in the interval.

Amendment agreed to.