HC Deb 30 April 1934 vol 289 cc47-8

4.2 p.m.

Sir H. YOUNG

I beg to move, in page 11, line 22, to leave out : ' High Court' means either division of the Court of Session, and.

Earl WINTERTON

Can the right hon. Gentleman give an explanation of the Amendment?

Sir H. YOUNG

If the House will turn to page 11, line 22, it will find that the Clause runs as follows : 'High Court' means either division of the Court of Session, and 'easement' means servitude. Obviously, this Clause is of very great importance to our Scottish brethren, and requires the most careful consideration. I am sure the House will realise that it requires most careful study to deal with matters of Scottish law. With this Amendment, and the subsequent Amendment standing in the name of my right hon. Friend the Secretary of State for Scotland, the Clause will read : (3) 'Easement' means servitude. (4) A reference to the Court of Session shall be substituted for any reference to the High Court or to the Court of Appeal and references to reduction or interdict shall be substituted for references to prohibition or certiorari; (5) A reference to the Edinburgh Gazette shall be substituted for any reference to the London Gazette.

Earl WINTERTON

Is my right hon. Friend dealing with the first Amendment or the second Amendment, or both at the same time?

Sir H. YOUNG

I am sure my Noble Friend thoroughly appreciates that a matter like this requires a conspectus of the several Amendments in order to obtain a clear idea of what is proposed.

4.4 p.m.

Mr. ARTHUR GREENWOOD

I think that the right hon. Gentleman has convinced the House that "easement" means "servitude," but I am not at all satisfied that he has convinced the House as to the meaning of the Amendment standing in the name of the Secretary of State for Scotland, whose absence we deplore at this critical moment for Scotland. We welcome the right hon. Gentleman's arrival, and I hope we shall have a more intelligent statement from him than we have had from the Minister of Health.

4.5 p.m.

The SECRETARY of STATE for SCOTLAND (Sir Godfrey Collins)

I must apologise to the House for having been absent at a most "critical moment," when these most important Amendents are being moved. I feel sure that the explanation given by my right hon. Friend must (have been satisfactory to all quarters of the House, except perhaps one or two. I think that the wording of the Amendment makes it clear what we are anxious to secure. It makes it a little more specific than it otherwise would be.

Amendment agreed to.

The UNDER-SECRETARY of STATE for SCOTLAND (Mr. Skelton)

I beg to move, in page 11, line 24, at the end, to insert : (4) A reference to the Court of Session shall be substituted for any reference to the High Court or to the Court of Appeal and references to reduction or interdict shall be substituted for references to prohibition or certiorari; (5) A reference to the Edinburgh Gazette shall be substituted for any reference to the London Gazette. This is a purely drafting Amendment, which is consequential upon the introduction in Committee of Clause 9.

Amendment agreed to.

Mr. SKELTON

I beg to move, in page 12, line 16, to leave out from "paragraph," to the end of line 21, and to insert : 5 of the Schedule. 5. The person appointed by the Department of Health for Scotland to hold any local inquiry under the last foregoing paragraph. This also is a purely drafting Amendment.

Amendment agreed to.