PUBLIC HEALTH (COAL MINE REFUSE) (SCOTLAND). (Hansard, 7 March 1939)

§ Mr. Mathers

I beg to move, That leave be given to bring in a Bill to amend the Public Health (Scotland) Act, 1897, with respect to coal mine refuse liable to spontaneous combustion. The necessity for this Bill being brought in is that when a similar Bill applying to England and Wales was given an unopposed Second Reading in this House on 25th November that particular Bill did not refer to Scotland. Rather than go through the process of recommitting that Bill and making it into a United Kingdom Measure, it was thought desirable that Scotland should be covered separately. The purpose of this Bill is entirely the same, that is, to make it possible for a local authority having coal mine refuse bings in its locality to be able to apply to have such deposits of coal mine refuse declared to be a nuisance, and to have them dealt with as a nuisance in the public interest. That proposal would put additional powers into the hands of local authorities beyond those they have at the present time, and since it became known that I was to bring in such a Bill certain apprehensions have been expressed to me, but I think that very largely those apprehensions are ill-founded, and in any case the object of the Bill is so desirable in itself that I think any possible inconvenience—and it can amount to little more—which is placed upon those who own these deposits ought not to stand in the way of bringing this Bill into effect.

However, because of the fears which have been expressed with regard to the effect of this Bill, I have considered it expedient to introduce into it two provisos which are not in the Bill applying to England and Wales. The first proviso is that any application made by a local authority to have such a deposit declared a nuisance will be heard before a sheriff, which means to say that it shuts out the lay magistrates and justices who, in the ordinary course might deal with an application to have a coal mine refuse bing declared a nuisance. The taking of such applications before a sheriff guarantees that a properly equipped legal mind will deal with them. In our Scottish 1930 legal system the sheriff is a person whose reputation stands very high, and I am sure we may be confident that justice will be done in respect of any such applications.

There is another proviso which says that it will be a defence, on any such action being raised, that the owners of a deposit have taken due precautions to prevent the coal-mine refuse becoming ignited through spontaneous combustion. There are ways and means open to prevent that spontaneous combustion, and I think that those who are the owners of such bings are in duty bound in the public interest to take whatever steps can be taken to prevent the ignition of the deposits. I need not stress the importance of that matter. It is well known that very great harm is done by the fumes that comes from these burning bings, and I do not know of any place in the country which is more detrimentally affected than certain parts of my own constituency. I am very glad, therefore, to have the opportunity of asking the House for leave to bring in this Bill. Recently we have had a further reason, apart from the health reason, why the bings should be dealt with, and that is because of the guidance they would give to enemy aircraft in the event of an attack by air on this country. I am not seeking to stress that point at all.

It has also been represented to me that the Bill might cause difficulty to those who are now using such accumulations of coal-mine refuse for the purpose of manufacturing bricks. I am told that in Scotland more than 75 per cent. of the bricks used are made from these coal-mine bings. Naturally, I have no wish whatever to interfere with the making of bricks which may accelerate housing progress. I have no desire to interfere with the employment that is thus provided in a new industry, and I very earnestly want to see the bings used for that purpose in order that we can get them used up. They are not in keeping with the amenities of many parts of our countryside, and if this brick-making process can go on and we can have these humps on the horizon removed, then good luck to those who are carrying on that activity.

1931 The provisions of the Bill are such that they should commend themselves to every part of the House. There are hon. Members backing the Bill from every section in the House. I ask not only for leave to bring in the Bill, but for assistance in proceeding with its further stages in order that it may be placed on the Statute Book at the earliest possible moment.