HC Deb 31 October 1919 vol 120 cc1069-70

(1) Where a local authority having power to enforce this Act is of opinion that the occupier of any land in its district has failed to take such steps as are required by Section one of this Act, such local authority may, after not less than twenty-four hours previous notice to the occupier, enter upon the land and take such steps as are necessary and reasonably practicable for the purpose of destroying the rats and mice on the land or of preventing the land from becoming infested with rats and mice, and may recover any expenses so incurred from the occupier of the land summarily as a civil debt.

Sit' A. BOSCAWEN

I beg to move, in Sub-section (1), after the word "may" ["such local authority may after not less than"], to insert the words "either serve a notice on the occupier requiring him to take such steps within a time specified in the notice, or."

This Amendment modifies to some extent the operation of the Clause which deals with the powers of local authorities. As the Bill stands, if a local authority is satisfied that an occupier is not properly keeping down his rats they may enter after a twenty-four hours' notice. We provide for a much less drastic procedure.

Mr. HOGGE

May I draw attention to the fact that the hon. and gallant Gentleman is putting in an Amendment the very proposal that we tried to get adopted a moment ago, and which he resisted because of the time it would take. I suggest that his attitude is inconsistent with that taken up in another case.

Sir A. BOSCAWEN

I am sure my hon. Friend is confusing two different things. He is confusing the power of entry to do the work under Clause 4, and the power of prosecution under Clause 1.

Mr. CAUTLEY

I can assure my hon. Friend that I have no desire to weaken the effect of this Bill. I think his drafting there is wrong, because instead of being alternative it ought to be accumulative. To secure the proper working of this Act he ought to have power either to go in and do the work and charge the occupier or to prosecute him, or both, because he may find that if he prosecutes and does not get the work done he may have to do it, or he may find if he went in and did the work that he could not get paid.

Sir M. COCKRELL

What remedy is there against a local authority which refuses to act? I am conversant with a case in which a local authority refused to act when a place was overrun with rats.

Sir A. BOSCAWEN

Under Clause 3 it is provided that if a local authority refuses to act the Board can act on its behalf and at its expense. In reference to the remarks of my hon. Friend (Mr. Cautley) I think that he wants to strengthen the Bill. If we can do so in another place I shall certainly consider his suggestion.

Amendment agreed to.