HC Deb 28 July 1930 vol 242 cc174-6
Dr. ADDISON

I beg to move, in page 33, line 14, to leave out from the word "land" to the word "to," in line 15, and to insert instead thereof the words: through which the watercourse or that part of the watercourse passes. This is to define the duties of the person who is responsible for the control of the watercourse and to make the intention of the Bill clearer. The Amendments to this Clause are purely drafting.

Amendment agreed to.

Mr. W. R. SMITH

I beg to move, in page 34, line 12, after the word "that," to insert the words: the control of the watercourse or the part of the watercourse in question is vested in some other person or that. This is in order to deal with the question of surplus water, and it is really only a drafting Amendment to make the Clause quite clear.

Amendment agreed to.

Further Amendments made: In page 34, line 12, after the word "is," to insert the word "otherwise."

In page 36, line 3, leave out Subsection (13).

In page 36, line 10, to leave out the words "sections nine and thirty-six," and insert instead thereof the words "the provisions."

In page 36, line 11 after the word "Act," insert the words "relating to the commutation of obligations."—[Dr. Addison.]

Dr. ADDISON

I beg to move, in page 36, line 12, at the end, to insert the words: (15) In this section the expression 'watercourse' does not include the main river of a catchment area.

Lieut.-Colonel HENEAGE

I should like to put the point whether this is an entirely satisfactory Amendment. There are one or two catchment areas where there is only one watercourse, and that is the main channel. I am thinking of the River Anker. If the expression "watercourse" does not include the main river in a catchment area, there is very little else left of the Clause, and I should like to know whether there are any other provisions in the Bill which deal with small catchment areas with one river.

Dr. ADDISON

The hon. and gallant Member will recall that in Committee we debated this subject, and by the adoption of the word "watercourse" we opened the door rather wider than was intended, and, therefore, we have to limit the expression "watercourse" and define it in this way in this Clause. It is quite in order now and does not give rise to any ambiguity.

Lieut. - Colonel RUGGLES - BRISE

Can the Minister of Agriculture give me an explanation on this point? In Clause 5 the main river is described as that part of the channel of the river which is to be treated as the main river for the purposes of this part of this Act. Does the main river, for the purposes of this part of this Act, mean that the same definition will apply to watercourses in Clause 35, which is the one about which there is considerable anxiety? If it does, then I think the right hon. Gentleman has gone very far to meet the point which I raised in Committee on this matter. I am not quite clear whether we are to take the extended definition of "main river" in this Amendment to be the same as that in Clause 5. I shall be very grateful to the right hon. Gentleman if he will give me a definite assurance on that point.

Dr. ADDISON

This does apply to Clause 35. Main river is there defined as a stream over which the catchment board has responsibility. I think it is made quite clear that the term "watercourse" cannot possibly include a main river.

Lieut. - Colonel RUGGLES - BRISE

Might I ask for a reply to the other point? In Clause 5 it says: main river for the purposes of this Part of this Act Clause 5 is in Part II of the Bill and Clause 35 is in Part V.

Dr. ADDISON

Will the hon. and gallant Member tell me which part of the Bill he is referring to?

Lieut. - Colonel RUGGLES - BRISE

Clause 5, Sub-section (1). There it says that the channel of the river shall be treated as the main river for the purposes of this Part of this Act. That limits the definition to Part II. But the Clause about which I am anxious is Clause 35. If the definition in Clause 5 is confined to Part II, then "watercourse" will not have the same wide definition in Part V.

Dr. ADDISON

I see the point which the hon. and gallant has raised. I am advised that it is fully covered, but I will look into it again.

Sir DENNIS HERBERT

This may seem a small point, but it is one of some importance. The Minister says he will see that it is put right in another place. I understand that the Bill has passed through another place. They will have no power to interfere with it or to accept any Amendment put forward in this House. I do not see how the Minister can put it right there.

Dr. ADDISON

The other place can amend our Amendments.

Amendment agreed to.