HC Deb 10 July 1928 vol 219 cc2184-90

Lords Amendment:

In page 4, line 34, after the word "preserving," insert "for the enjoyment of the public."

Sir V. HENDERSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Amendment goes with an Amendment in page 4, line 36, and it is a necessary preliminary of that Amendment which is one of substance.

Subsequent Lords Amendment agreed to.

Lords Amendment:

In page 4, line 36, leave out "for the enjoyment of the public" and insert: or of any public park or pleasure promenade, or of any street or place which is of interest by reason of its picturesque character.

Sir V. HENDERSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

It was thought that when this Bill was being considered in another place that this particular Clause of the Bill might be misconstrued if it was not enlarged in the way it has been enlarged. There may be some street in some old town or some public park and neither of them may be of historic interest or places of beauty, but they are equally entitled to protection and these words provide for both those particular points.

Subsequent Lords Amendment agreed to.

Lords Amendment:

In page 4, line 42, at the end insert: and, without prejudice to the generality of the foregoing provisions, any such bylaws regulating the appearance of petroleum filling stations may, in particular, require compliance with such provisions as may he contained in the by-laws as to the position, design, size, colour and screening of petroleum filling stations or of any parts thereof:

Sir V. HENDERSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The word "appearance" really covers the word "design" and it would be better to particularise what is intended. The words which have been added avoid any misunderstanding or misconception.

Lords Amendment:

In page 4, line 1, at the end insert: (i) as respects the City of London, the powers and duties conferred and imposed by this Section shall he exercised and performed by the common council of the City of London instead of by the London County Council; and (ii) no by-laws made under this Section by the council of any county shall have effect in any borough within the county; and.

Sir V. HENDERSON

I beg to move, "That this House doth agree with the Lords in the said Amendment." The first paragraph is a summary of an agreement with the London County Council and the other paragraph is for the convenience of drafting.

Subsequent Lords Amendments to page 6, line 1, agreed to.

Lords Amendment:

In line 3, at the end, insert new Subsections: ( ) Where by-laws made under this Section are in force prohibiting the establishment of petroleum filling stations in any part of the area of a council, the council may, with a view to securing the removal of all such stations from that part of their area, serve upon every occupier of a petroleum filling station established therein before the date on which the by-laws came into force a notice requiring him to remove it within such period, not being less than six months after the service of the notice, as may be specified in the notice, and any such notice may be addressed to the 'Occupier' without further name or description and may be served either by delivering it or leaving in at, or by sending it by post as a registered letter to, the usual or last known place of abode of the occupier, or if his place of abode is not known, by fixing it on some conspicuous part of the petroleum filling station: Provided that any person upon whom such a notice is served shall be entitled to recover from the council by whom it was served any expenses reasonably incurred by him in carrying out the directions contained in the notice, and shall, if he makes a claim within twelve months after the service of the notice, be entitled to recover from the council compensation for any loss sustained [...] him in direct consequence of the requirements of the notice, and any question in dispute as to whether compensation is payable under this Sub-section or as to the amount of any compensation so payable shall he determined by a single arbitrator appointed by agreement between the parties or, in default of such agreement, appointed by the Secretary of State. ( ) The occupier of any premises used or intended to be used as a petroleum filling station shall have power, notwithstanding anything in any conveyance or in any lease or other agreement, to do all such things as may he necessary for complying with the requirements of any by-law made or notice served under this Section; and where a notice has been served upon any person under this Section the council by whom the notice was served may, with his consent, do on his behalf anything necessary for complying with the requirements of the notice.

Mr. SPEAKER

I must point out that this Amendment raises a question of privilege. The House can waive that privilege or not, as they think fit.

Sir V. HENDERSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is really the most important Amendment which has been made——

Lieut.-Commander KENWORTHY

On a point of Order. I think that as you, Sir, have mentioned the word "privilege," we should be glad of your guidance. I do not want to delay the proceedings, but we should be glad if we could have a word of explanation from you.

Mr. SPEAKER

If this Amendment is accepted, it might have the effect of putting a charge upon the rates; and to that extent it raises a question of privilege.

Sir V. HENDERSON

As the Bill left this House it gave no power to local authorities, where they had in a particular area exercised their power, under a by-law, of prohibiting the establishment of new petroleum filling stations, to remove existing stations from that area, and it is, of course, obvious that, so long as they had not that power, the area could never be entirely cleared of unsightly stations which, they might consider, entirely destroyed its beauty. Therefore, words have been inserted here to give the local authority power to order the removal of existing stations, on the understanding that the owner of such a station will within 12 months be entitled to claim compensation. He is allowed six months' grace from the time when the notice is served, and within the subsequent period of six months—that is to say, within 12 months in all—he may claim compensation. The House will realise that there is nothing new in this proposal, because it is already laid down in the Roads Improvement Act, 1925, where a similar provision exists. I think that it certainly strengthens the Bill, and that it was the intention of those Members who took part in the Committee stage that the Bill should, if possible, be strengthened in this way. For that reason I hope that the House will agree to this Amendment and, in the circumstances, to waive their privileges.

Lieut.-Commander KENWORTHY

I only want to be quite certain about these words as they are new. The House will see that these new paragraphs which have been proposed in another place are lengthy and somewhat complicated. They provide that the person who is ordered to clear away these particular stations is entitled to recover from the Council compensation for any loss sustained by him in direct consequence of the requirements of the notice. I think we all agree that such a person is entitled to claim compensation, but the words "in direct consequence of" seem to me to be somewhat novel; I do not recognise them as appearing very often in our Bills. Does that include loss of trade, goodwill, inconvenience, and so on, which might represent a considerable amount? I only want to know if the Home Office are quite satisfied that these words are so drawn that no unreasonable claims could be made on county councils or other bodies, who, if that were possible, might be deterred from a very necessary act for the improvement of the amenities of the district. If the Home Office has been advised by its expert advisers that these words are all right and leave no loophole for a form of blackmail—which is what I am afraid of—I am satisfied, and I dare say we shall all be satisfied if we can have an assurance on that point.

Sir V. HENDERSON

The wording of the Amendment has been very carefully examined.

Mr. GATES

I hope the House will agree to the suggestion that these are powers which are very much desired by members of local authorities who consider that they have cause to complain of certain filling stations, and they are quite prepared to meet any reasonable claim for compensation.

Mr. PALIN

I am prepared, and I think most local authorities would be prepared, to compensate for the removal of these unsightly and in some cases dangerous stations. I understood the Minister to assent to compensation for loss of trade, but we ought to be assured that we are not giving power to blackmail local authorities. I would enthusiastically vote for reasonable compensation but, if it means all the things the Minister appears to assent to, I am opposed to it.

Sir V. HENDERSON

The word "direct" is specially put in to safeguard the point the hon. Member has raised, and I am advised it is pretty certain that it would avoid any possibility of blackmail. I am not aware that under the working of the Roads Improvement Act, on which this Clause is modelled, any such proposition has ever arisen.

Mr. SPEAKER

A special entry will be made in the Journals of the House.

Subsequent Lords Amendments to page 6, line 6, agreed to.

Lords Amendment:

In page 6, line 9, at the end insert: and if, after any person has been so convicted in respect of a contravention of any by-law made under this Section prohibiting the establishment of petroleum filling stations or in respect of a contravention of any notice served under this Section requiring the removal of any such station, the petroleum filling station is not removed within such time as the Court may allow, the council by whom the by-law was made or the notice served shall have power to do all such acts as may he necessary for the removal thereof, and any expenses so incurred by a council in removing any petroleum filling station established in contravention of any such by-law as aforesaid shall be recoverable from the person convicted summarily as a civil debt.

Sir V. HENDERSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is consequential on the Amendment which has just been accepted by the House and it gives the usual power, as is necessary in this case, to a local authority to remove a station themselves where the owner of the station fails to do so.

Subsequent Lords Amendment agreed to.

Lords Amendment:

In page 6, line 20, at the end, insert a new Sub-section: ( ) The council of any urban district shall have power to enforce within their district any by-laws in force under this Section, and any expenses incurred by a district council under this Subsection shall be defrayed as part of their general expenses.

Mr. SPEAKER

This Amendment again raises a question of privilege by putting a charge on the rates.

Mr. MORRIS

On a point of Order. May I ask for enlightenment with regard to the principle of privilege, because under Section 1 of the Parliament Act local taxation is expressly excluded. That Act governs the relationship existing between the two Houses. I should be glad to know how the privilege arises.

Mr. SPEAKER

There is no question of the Parliament Act arising on this Amendment. It is for the House of Commons to decide whether they will waive the question of privilege or not.

Mr. MORRIS

It is true that no question of the Parliament Act arises, but local taxation was excluded by that Act.

Mr. SPEAKER

This is a question for the House of Commons to decide whether it will waive the privilege.

Sir V. HENDERSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The House will remember that on the discussion of the Bill here it was suggested in several quarters that the power might be exercised by urban district councils, but it was held that it would be better that the power should be retained by the county council, because it would make for greater uniformity in a matter of this kind. This Amendment has been inserted with the object to some extent of trying to meet that point of view. That is to say, we are giving urban district councils power to administer the by-laws made by the county councils. I think it is an advantage that that should be done and I hope, under the circumstances, the House will agree to it and will also agree to waive their privilege.

Mr. SPEAKER

Here again a special entry will be made in the Journals of the House.

Subsequent Lords Amendments to page 7, in line 8, agreed to.

Lords Amendment: In page 6, line 14, at the end, insert: