HC Deb 17 December 1936 vol 318 cc2591-3

Motion made, and Question proposed, That the Standing Orders relating to Private Business be amended as follows: After Standing Order 223, insert new Standing Order,— Where it is sought by a proposed Instruction to authorise or require a Committee on a Private Bill to make an Amendment in the Bill, Mr. Speaker, if he is of the opinion that the Amendment is such that, if proposed by the promoters, a petition for additional provision would have been required, shall decline to propose the question on the Instruction to the House."—[The Deputy-Chairman of Ways and Means.]

Colonel GRETTON

May I inquire the exact meaning of this Motion, which is rather obscure? It is not clear to me or to Members of the House generally.

The DEPUTY-CHAIRMAN of WAYS and MEANS (Captain Bourne)

Under the Standing Orders of this House certain notices have to be given by the promoters of Private Bills, and these Bills cannot proceed unless the Standing Orders have been complied with. The object of this Standing Order is to make it perfectly clear to anybody who may be affected by the Bill, that they will have an opportunity of opposing and stating their case before a Committee of this House. If this House moved an Instruction—possibly a mandatory Instruction—to a Private Bill, it might altogether prevent people whose interests and rights would be affected from getting any effective opportunity of putting their views before the Committee on the Bill. Our Private Bill Procedure has always proceeded on the lines that both parties shall, if they so desire, be heard by the Committee and their case decided by the Committee on the Bill. I think that an Instruction of the nature which is covered by the proposed Standing Order is obviously in conformity with the spirit of our Standing Orders and our general Procedure, and I hope that the House will agree to this Motion.

Colonel GRETTON

Am I rightly to understand that the object of the new Standing Order is to give greater opportunity of thoroughly discussing and examining all questions arising out of a Bill?

The DEPUTY-CHAIRMAN of WAYS and MEANS

Not quite. The object is to make quite certain that, if it is desired to put in an additional provision in any Private Bill which has been promoted, it should be done by the promoters, and in that case they are bound to give notice to every interested party. It is one of the conditions always insisted upon by the Standing Orders Committee of this House that due notice shall be given to every person, corporation or anybody else whose interests might be affected. The object is to prevent conditions being put into a Private Bill without notice to every interested party.

Mr. LEACH

If this Motion is designed to afford protection to propertied people, should it not also be designed to give equal protection to property-less people?

The DEPUTY-CHAIRMAN of WAYS and MEANS

I would point out to the hon. Member that the protection which is given by the Standing Orders applies to everybody, local authorities and all sorts of people. It is not solely for property owners. The sole object of the Standing Orders is that anybody, any corporation or anybody else in the country, shall have the right of stating their objection. No one is to have the right to prevent them from stating their case.

Mr. BENJAMIN SMITH

Will the right hon. and gallant Gentleman tell the House the reason for introducing this Motion? Has anybody hitherto been de barred under the Private Bill procedure from urging any objections to a Bill? I so, that might have been done away with many years ago. I think that a further explanation to the House is necessary.

The DEPUTY-CHAIRMAN of WAYS and MEANS

I think that the hon. Member for Rotherhithe (Mr. Benjamin Smith) is under a misapprehension. There have been occasions in this House when an Instruction to the Private Bill Committee has been moved by hon. Members to whom the Standing Orders do not apply, and which, if carried, would have had the effect of compelling the Committee to insert a provision which the promoters of the Bill could not have done. On one or two occasions it has been ruled out of order by the Chair, but there is some little doubt as to the exact scope of the Private Bill Standing Orders on this matter. The object of this new Standing Order is to make it perfectly clear so that no one can possibly have any doubts.

Mr. KIRKWOOD

May I ask the Deputy-Chairman of Ways and Means whether this new Standing Order will interfere with the right of the Private Member to object to Bills when they are brought before the House?

The DEPUTY-CHAIRMAN of WAYS and MEANS

No, Sir, certainly not.

Question put, and agreed to.

Ordered, That the Standing Orders relating to Private Business be amended as follows: After Standing Order 223, insert new Standing Order,— Where it is sought by a proposed Instruction to authorise or require a Committee on a Private Bill to make an amendment in the Bill, Mr. Speaker, if he is of the opinion that the amendment is such that, if proposed by the promoters, a petition for additional provision would have been required, shall decline to propose the question on the Instruction to the House.