HC Deb 14 June 1939 vol 348 cc1358-60

5.16 p.m.

Sir J. Anderson

I beg to move, in page 62, line 30, to leave out "the advice of," and to insert, "advice given specifically to him by."

The purpose of this Amendment is to make it quite clear, in accordance with what was the original intention, that Subsection (I) (c) applies to advice given specifically with reference to a particular case and not to advice conveyed by implication in a general document, memorandum, or whatever it may be. Cases in which advice is given in general terms are intended to be dealt with in regulations under Sub-section (2).

5.17 p.m.

Mr. Ede

I welcome the alteration that is being made by this Amendment, but I would like to ask the Lord Privy Seal whether he proposes that this specific advice shall be given in writing. There should be something which the person who receives the advice can produce to the local authority or other authority when he wants to claim an exemption from the by-laws. Clearly a conversation between a factory inspector or some other person tendering advice and the recipient of the advice might create some difficulty. Therefore, although it is not stated that the advice shall be given in writing, I hope that there will be a general understanding that it shall be in writing, and that if necessary, there will be introduced in another place appropriate words to ensure that it shall be so.

Sir J. Anderson

I entirely share the view expressed by the hon. Member for South Shields (Mr. Ede). From the point of view of sound administration, it is very desirable that the advice should be in writing, and that is the intention.

Mr. Ede

Will words to that effect be inserted in the Bill in another place?

Sir J. Anderson

I doubt whether it will be necessary to put it in the Bill.

Sir S. Cripps

Clearly there are cases where the inspector might go to a place and give advice orally, and then when he had gone there might be arguments about what he said. Surely, to make certain, it would be better to put it in the Bill.

Sir J. Anderson

As far as the inspectors are concerned, I think we could make even more certain by making this a specific written instruction to the inspectors. I will consider whether it is desirable that words should be inserted in the Bill to deal with the matter.

Amendment agreed to.

Sir J. Anderson

I beg to move, in page 62, line 34, at the end, to insert: (d) by any person in pursuance of any notice under Part VI of this Act given to him by the Minister or the appropriate Department. The object of this Amendment is to exempt from by-laws, requirements as to building lines, etc., works carried out in pursuance of a notice under Part VI of the Bill relating to camouflage and the obscuration of glare. It has been brought to notice since the Clause was first drafted that it might well be that in the case, for example, of camouflage, some structures which might infringe the building line might have to be erected in order to break up the outline of the building which it was intended to camouflage.

5.20p.m.

Mr. Ede

I welcome this Amendment. I draw the right hon. Gentleman's attention to the fact that in these matters there has to be notice in writing under Clause 41. Therefore, it would appear desirable that the Bill should be uniform and that everywhere in this particular Clause notices and advice which would have to be produced to the local authorities should be more or less in a common form and should be in writing.

Amendment agreed to.