HC Deb 12 February 1929 vol 225 cc249-51

(1) Section twenty-three of the Public Health Act, 1925, shall extend and be in force throughout England and Wales (exclusive of the administrative county of London) as though it had been adopted with the consent of the Minister by all local authorities in manner provided by Part of that Act.

(2) Where a county council is the authority responsible for the maintenance or repair of the roads the said Section as so extended shall have effect as though for references to the local authority there were substituted therein references to the county council.—[Mr. Pethick-Lawrence.]

Brought up, and read the First time.

Mr. PETHICK-LAWRENCE

I beg to move, "That the Clause be read a Second time."

I hope the Minister may see his way to accept this Clause, which is not contrary in any way to the general provisions of this Bill, and it is only intended to repair an omission in its provisions. The Public Health Act, 1925, contains parts which are of an adoptive character; that is to say, they do not become operative unless they are adopted by the local authorities. One of these adoptive Sections is Section 23, which gives powers, if they are adopted, to the local authority with regard to trees, hedges, and shrubs which are along the highways, if they interfere with the lighting or if they obstruct the passage of vehicles or foot passengers or the view of the drivers of vehicles, to serve notice upon the owner of the trees calling upon him so to lop them that they cease to form an obstruction. If the owner refuses to act upon this notice, power is given to the local authority to take such action itself as may be necessary and to recover the cost from the owner.

There are two parts to my Clause. The first part proposes to make this provision general instead of adoptive, and the importance of that proposal depends, of course, on the extent to which the Section has already been adopted in the different parts of the country. The second part is still more important, because it seeks to ensure that the authorities which have the right to promote this action shall be the road authorities concerned. Under this Bill the road authorities are transferred in some cases from the local authority to the county council, and the object of this new Clause is to ensure that it shall be the county council that has the power. Under the Section of the Public Health Act, main roads already come under the authority of the county council for this purpose, but subsidiary roads do not, and the object of this Clause is to ensure that in all cases the county council shall have the right in regard to trees and shrubs provided for in the Section of the Public Health Act, so that the authority which has the power shall be the same in every case. Unless the Minister can give an assurance which is quite unquestionable that this provision is not required, I hope he will see his way to accept this Clause.

Mr. WALLHEAD

I beg to second the Motion.

Sir K. WOOD

The hon. Member has just put forward an important contention, although, as it is not very controversial, the right hon. Member for Carnarvon Boroughs (Mr. Lloyd George) will not require to place before us this afternoon any new specimen of Liberal policy, which we have sadly missed during our Debates recently. The proposal is in relation to Section 23 of the Public Health Act, 1925, and refers particularly to lopping trees and shrubs when they form any interference with or obstruction to passengers, and matters of that sort. Under Sub-section (1) of Section 23 it is provided that those powers may be exercised by the local authority of the district, but by Sub-section (2) the powers are exerciseable by the county council instead of the local authority as regards any main roads maintained by them. The powers of Section 23 are, therefore, already possessed by county councils in relation to main roads, and in the case of other authorities the Section simply has to be formally adopted, which can be done by simple resolution, and the consent of the Minister is not required. By Sub-section (1) of Clause 28 of the Bill, it is provided that: all enactments relating to main roads shall as from the appointed day have effect as if for references therein to main roads there were substituted references to county roads. The county council will, therefore, have the powers of Section 23 over all county roads. Both as regards the county councils and the other local authorities, I think the matter, which the hon. Member quite properly brought before the House, will be fully dealt with, and we are advised that this new Clause is unnecessary.

Question, "That the Clause be read a Second time," put, and negatived.

Mr. SPEAKER

The new Clause in the name of the hon. Member for Cambridge University (Mr. Withers)—(Provision for consultation between public assistance committee and representatives of voluntary hospitals)—would come better as an Amendment to Clause 6. I see the hon. Member has an Amendment to Clause 6 lower on the Paper. The next new Clause, in the name of the hon. Member for Thirsk and Malton (Sir E. Turton)—(In formation to county council) —has already been covered by the new Clause moved by the Minister of Health.

Mr. T. WILLIAMS

Why is the new Clause in the name of the hon. Member for Thirsk and Malton (Sir E. Turton)—(Amendment of 37 and 38 Vict., c. 54)—out of order?

Mr. SPEAKER

It seems to me to be out of order twice over. The proper place to have dealt with it would have been in the Eating and Valuation (Apportionment) Act of last year. Besides that, if it were carried here, it would certainly alter the incidence of rating.

Mr. HANNON

I do not propose to move the new Clause standing in my name—(Saving rights of electricity undertakers).