HC Deb 13 December 1922 vol 159 cc2893-4

In cases of Bills to authorise the laying down of a Tramway, the promoters shall obtain the consent of the local authority of the district or districts through which it is proposed to construct such Tramway, and where in any district there is a road authority distinct from the local authority, the consent of such road authority shall also be necessary in any case where power is sought to break up any road, subject to the jurisdiction of such road authority. For the purposes of this Order, in England, the local and road authorities shall be the local and road authorities for the purposes of "The Tramways Act, 1870," except that in the case of a rural district in England the rural district council shall be deemed to be the local authority, and in Ireland the local and road authorities shall be the district councils and the county councils respectively. Provided that where it is proposed to lay down a continuous line of Tramway in two or more districts, and any local or road authority having jurisdiction in any such districts does not consent thereto, the consents of the local and road authority, or the local and road authorities having jurisdiction over Two-thirds of the length of such proposed line of Tramway, shall be deemed to be sufficient.

The CHAIRMAN of WAYS and MEANS (Mr. James Hope)

I beg to move to leave out the words and in Ireland the local and road authorities shall be the district councils and the county councils respectively. The Amendments I have to propose look very formidable on the Paper, but in practice they are not. They are purely consequential changes which are necessary owing to the establishment of the Irish Free State. In the Standing Orders relating to Private Business there are numerous references to Ireland, and owing to the passing of the new Irish Constitution Bill those have to be altered. At the beginning of the next Session the Standing Orders, on account of other changes, will have to be re-printed, and, if these changes were put off till next Session, they would twice have to be reprinted, thereby entailing unnecessary trouble and expense. The alterations have been very carefully prepared by the authorities of the House and the Private Bill Office, and it would be a great, saving if they could be passed without further discussion. At the same time, I must mention that some doubt has arisen with regard to two of them—Standing Orders 141 and 190. It appears possible that a real change might be made, and not a mere consequential alteration, if those two Amendments were now passed, and a conceivable injustice or inconvenience might be entailed to promoters of Private Bills, and therefore those two I do not move.

Sir F. BANBURY

I do not desire to oppose any of these alterations, provided they are made in consequence of the new Constitution for the two parts of Ireland, but I took the trouble to go through the Standing Orders yesterday, and I was a little afraid there were at least two of them which rather went beyond the mere alterations necessary on the passing of the Irish Constitution. I gather my right hon. Friend is prepared not to move those two Amendments, and also to give an assurance that those he proposes to move are limited to taking out of the Standing Orders all references to Ireland. If that is so, I have nothing further to say.

Mr. HOPE

These alterations have been most carefully scrutinised. In two cases it appeared arguable that there might be a substantive change. Otherwise, I do not think there is anything but what was necessary and consequential on the passing of the Irish Act.

Amendment agreed to.