HC Deb 10 July 1939 vol 349 cc1947-8

Lords Amendment: In page 3, line 10, at the end, insert: (6) Where the occupier of any designated premises holds any part of the premises on lease, he shall immediately he becomes aware of the designation of the premises, serve upon his immediate landlord or, where he holds different parts of the premises under different landlords, on each of his immediate landlords, notice that the premises have been designated under thisSection and each person upon whom such a notice is served in satisfaction of an obligation imposed by this Subsection shall forthwith himself serve a copy of the notice upon his immediate landlord or landlords, if any.

10.46 p.m.

The Lord Privy Seal (Sir John Anderson)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Amendment applies in respect of designated premises. The principle is already accepted that information as to designation shall be conveyed to all who might be interested. There is no new principle involved.

10.47 p.m.

Mr. Ede

It is true that this carries a little further the principle already in the Bill, but I should like to know what is to happen to the occupier of the designated premises who receives this notice and fails to pass it on. As far as we have been able to discover there is no penalty in the Bill that will fall upon him if he fails to pass on the information. Such failure might be collusive between him and his immediate landlord, and such collusive failure, quite apart from ordinary failure, might lead to serious delays and difficulties in carrying out the provisions of the Clause. It appears to be a very- common thing in this Bill to put very onerous duties upon people and then leave the local authority or other authority charged with carrying out the Measure without possible means of enforcing those duties or securing the infliction of a penalty if there is a failure. I should like to know the exact position with regard to this Amendment.

10.49 p.m.

Sir J. Anderson

This Amendment is on all fours with an Amendment which was accepted in Committee in similar circumstances. The purpose is merely to secure that information should be conveyed. Nothing follows on the conveying of the information. No consequences follow, and there is not here, as the hon. Member has pointed out, nor was there in the other case, any penalty specifically provided for failure to pass on the information. The two cases are absolutely on all fours, and the earlier Amendment suggested that it was desirable to make the present Amendment.

Mr. Ede

Are they not both equally thoroughly unsatisfactory?