HC Deb 27 July 1936 vol 315 cc1260-1

12.3 a.m.

Mr. TINKER

I beg to move, in page 71, line 10, to leave out Subsection (4).

This Sub-section carries forward part of the Act of 1875, but scientific development has advanced since then and it should no longer be in the Bill. If people who allow these accumulations satisfy the magistrates that they are necessary for the carrying on of their business, although they are a nuisance, they are allowed to continue them. The time has come when, if they are a nuisance, they ought to be stopped. Scientific development has reached such a stage that there is no need for these accumulations to be a nuisance.

12.4 a.m.

Mr. SHAKESPEARE

I think that from the point of view of the hon. Gentleman it would be a mistake to delete this Sub-section. When the aggrieved person or local authority goes to the magistrates to get an order against a certain undertaking, the undertaking must not only show that the accumulation of refuse was necessary for the purpose of carrying on the business, but that the best practicable means had been taken to prevent it being prejudicial to public health. If no steps had been taken to render the heap innocuous, the defence would fail and the order would be made.

Mr. TINKER

Although that explanation is not entirely satisfactory, I do not want to call a Division, and I will ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause ordered to stand part of the Bill.

Clauses 95 to 106 ordered to stand part of the Bill.