CLAUSE 46.—(Interpretation.) (Hansard, 15 July 1930)

§ Mr. JOHNSTON
I beg to move, in page 35, line 19, after the word "undertaking," to insert the words: the expression 'disrepair' includes deficiency in respect of internal painting and papering or distempering of walls, except in so far as any such deficiency is attributable to the wilful default or neglect of the occupants of the house, and is not likely to injure or endanger their health. The purpose of this Amendment is sufficiently explicit in itself and the words proposed to be inserted are words which have already been agreed to by this House.

Mr. MacROBEFRT
I beg to move, as an Amendment to the proposed Amendment, in line 2, after the word "walls," to insert the words "which renders the house unfit for human habitation."
9.0 p.m.
There are two other Amendments on the Paper to the proposed Government Amendment, one standing in the name of my hon. and gallant Friend the Member for Kelvingrove (Major Elliot) in line 4 to leave out the word "and" and to insert instead thereof the word "or." The other Amendment stands in the name of my right hon. and gallant Friend the Member for Pollok (Sir J. Gilmour), and it proposes to leave out the words "and is not likely to injure or endanger their health." If the words which I am proposing are accepted, we shall not move the later Amendments, and we shall be quite content with the insertion of the 1207 words "which renders the house unfit for human habitation." It may be argued that what I suggest is implied in the Bill itself, but I think that the words should be inserted to make the Clause clear. As the Government Amendment stands is would really apply to decorative painting and papering, and surely that is not what is intended. The Government Amendment is intended to apply simply to disrepair that would render a house unfit for human habitation. I think my Amendment is a reasonable one, and it would make it quite clear that decorative painting and papering is not included in the term "disrepair."

Mr. W. ADAMSON
I cannot accept this Amendment to the proposed Amendment nor can I accept the other two Amendments to which the right hon. and learned Gentleman has alluded, but I am quite willing to examine that part of the Bill again in order to see whether it requires any further Amendment in the direction which has been indicated.

§ Mr. MacROBERT
Is it intended to include in the expression "disrepair" decorative painting and papering?

§ Sir J. GILMOUR
I am sure the Secretary of State for Scotland realises that this is a matter of some importance. If the expression "disrepair" includes decorative painting, papering and decorating, that may be a demand entailing an enormously heavy burden on the owner of the property. I think it is desirable that is should be made quite clear that there will not be more than a reasonable demand to keep the house in a proper sanitary and clean condition, and that is what we are all aiming at. The only doubts which I have on this point are that the words used in this part of the Bill are too indefinite, and ought to be reconsidered from the point of view of practical administration. If the Secretary of State for Scotland will tell us that he is not treating this matter as a joke, but in a serious way, and will give the point due consideration, that will be perfectly satisfactory.

Mr. W. ADAMSON
I do not think I could have made myself plainer if I had tried. I promised to look into the matter and examine it. I do not know what other assurance the right hon. and learned Gentleman wants beyond that.

§ Mr. DEPUTY-SPEAKER (Mr. Dunnico)
Does the right hon. and learned Gentleman press his Amendment?

§ Mr. MacROBERT
I think that the right hon. Gentleman might say whether the intention of his Amendment is to include decorative painting or not. If he says that it is not so intended, no difficulty will arise, and the Clause can easily be adjusted.

§ The LORD ADVOCATE
I confess that I do not understand what the difficulty of my right hon. and learned Friend is. I should have thought that, as a matter of construction, the words: the expression 'disrepair' includes deficiency in respect of painting and papering or distempering of walls were obviously never intended to refer to painting that was what might be called pure decoration, but that they were intended to cover the kind of painting that one would say was reasonable from the point of view of the proper use of a house and maintaining it in a properly habitable condition. If I am right, and I think my right hon. and learned Friend will agree with me that that is the reasonable meaning as a matter of construction, I think the Amendment might be withdrawn. If hon. Gentlemen opposite desire that further consideration should be given to this matter, the Secretary of State has already indicated that he will certainly consider any representations that may be made.

§ Mr. MacROBERT
On the assurance that the Secretary of State will consider the matter and give effect to what is in the minds of all of us, I do not desire to press the Amendment.