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Lords Amendment: In page 37, line 14, leave out from the word "includes" to the word "and" in line 20, and insert:
such deficiency in respect of internal painting and papering or distempering of walls as is likely to injure or endanger the health of the occupants of the house, except in so far as any such deficiency is attributable to the default or neglect of the said occupants
§ Mr. JOHNSTONI beg to move, "That this House doth disagree with the Lords in the said Amendment."
In substitution for this Amendment I shall later move an Amendment, in page 37, line 17, to leave out from the word "the" to the word "and," in line 20, and to insert "default or neglect of the occupants of the house." The purpose of this Amendment is to ensure that the word "disrepair" means deficiency only where that deficiency is attributable to the owner. I am sure that it meets the general wishes of all parties in the House.
§ Major ELLIOTThe Amendment moved by the Under-Secretary of State, of course, goes some distance to meet the 666 views of right hon. and hon.. Gentlemen for whom I am speaking, but does not go the whole way. It still leaves in certain things about "likely to injure or endanger the health" of the occupants of the house. Our difficulty is that we do not think that decorative painting and papering should be included. It is quite true that "disrepair" has to be read in conjunction with the other Clauses of the Bill. It was felt in another place that this definition, having once been erected, might be quoted in some subsequent Act. I agree that that is a somewhat far pursuit of the hypothetical, but I think it would have been much better if this Clause had not been inserted in the Bill. I am sure the original Statute would have covered cases of disrepair owing to paint and paper falling into a bad state. We are not completely satisfied with the Government Amendment, but we do not propose to divide the House upon it.| Question, "That this House doth disagree with the Lords in the said Amendment," put, and agreed to.
Words so restored to the Bill amended, in page 37, line 17, by leaving out from the word "the" to the word "and" in line 20, and inserting instead thereof the words:
default or neglect of the occupants of the house."—[Mr. Johnston.]
§ Remaining Lords Amendments agreed to.
§ Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to one of their Amendments to the Bill.
§ Committee nominated of Mr. Westwood, Mr. Brooke, Mr. Ernest Brown, Major Elliot, and Mr. Johnston.
§ Three to be the quorum.—[Mr. W. Adamson.]
§ To withdraw immediately.
§ Reasons for disagreeing to one of the Lords Amendments reported, and agreed to.
§ To be communicated to the Lords.—[Mr. Johnston.]