HC Deb 07 March 1939 vol 344 cc1916-7
68. Mr. Garro Jones

asked the Secretary of State for Scotland whether he was acquainted on 24th February with the provisions of the article of roup governing the feuof land for an ice rink in Aberdeen in December last; and, if not, whether he was acquainted with these provisions on the 28th February?

Mr. Colville

On 28th February I received an extract from the Articles of Roup, and I obtained a full copy of the Articles on 1st March.

Mr. Garro Jones

Does the right hon. Gentleman recognise that in his? answer to me on 28th February, he put upon the word "roup" a meaning more favourable than the facts warrant, and that there was a definite inaccuracy in his answer on that date? Does he recognise that fact?

Mr. Colville

I know the point to which the hon. Gentleman is referring. The wording of my reply on that occasion correctly expressed the interpretation which I understand is placed upon the articles of roup by the Corporation, but I have no authority to say whether or not it is the right interpretation.

Mr. Garro Jones

Would the right hon. Gentleman be good enough merely to study it for one minute, and he will see that it is a false interpretation?

Mr. Colville

I have studied it, but it is not for me to express a view.

Mr. Benjamin Smith

For the benefit of those hon. Members who are ignorant of the Scottish language, would the right hon. Gentleman translate the word "roup"?

Mr. Colville

It means an auction sale.

69. Mr. Garro Jones

asked the Secretary of State for Scotland whether he is aware that the articles of roup governing the sale of the ice rink site in Aberdeen last December required that there shall be erected on the site one granite building solely; that the building shall be used for sports on ice or for certain other specified purposes, and for such other purpose, including dancing, as the council may approve; that these conditions rule out the erection upon the land of any other building; that the council had previously agreed with certain company promoters to sell the land on the above terms at a feu duty of £175 per annum though other persons were prepared to bid much more; whether he has yet received a report from the public auditor; and what action he proposes to take on these facts?

Mr. Colville

The answer to the first and second parts of the question is in the affirmative; but I am not prepared to express any opinion as to the legal interpretation of the conditions. As regards the fourth part of the question, I explained to the hon. Member, in reply to his question on 28th February, that according to my information the Corporation, on receipt of an offer by the company, indicated that they were prepared to dispose of the land in accordance with the statutory procedure. The answer to the fifth part of the question is in the negative. As regards the last part of the question, on the information before me I do not think that I have power to take any action.

Mr. Garro Jones

May I ask the right hon. Gentleman, first, whether he is aware that if his answer to the first and second parts of my question is in the affirmative, then his answer to me on 28th February must have been inaccurate; and, secondly, does he realise that according to the standard work on this subject by Muir-head, page 126, the power to take action in this case rests in the Crown, and, therefore, in the right hon. Gentleman?

Mr. Colville

As I have said, I am not prepared to give a legal interpretation of the terms of the articles of roup, but as the hon. Member has given notice that he intends to raise this matter on the Motion for the Adjournment, I think it would be better to discuss it then.