HC Deb 11 October 1946 vol 427 cc558-9
The Attorney-General

I beg to move, in page 13, line 12, at the end, to add: (3) Subsection (4) of section one of the Irish Land Act, 1907 (which, as amended by subsequent enactments, requires a disposition of mining rights reserved on a sale under the Acts relating to land purchases in Northern Ireland to be approved by the Chancery Judge of the High Court of Justice in Northern Ireland) and subsection (5) of that section (which requires a notice to be published stating the intention to make such a disposition and inviting offers) shall not apply to any disposition of mining rights to the Minister for the purposes of his functions under this Act. This Amendment is the result of consultations with the Government of Northern Ireland and its purpose is to simplify the procedure of the Irish land law in the case of the transfer of mineral rights to the Ministry of Supply. Under the legislation which is in force in Ireland at the present time, the exclusive right to mine and dig minerals is vested in the Minister of Finance. That Minister is only able to dispose of his rights with the approval of a judge of the Northern Ireland Supreme Court and subject to safeguards assuring that the highest prices are obtained on such disposition. However necessary those provisions may be to guard against undesirable dispositions of a national asset in other circumstances, in our submission they are obviously inappropriate when what is involved is a transfer to a Minister of the Crown for the purpose of the present Bill. This Amendment, therefore, removes this requirement of the existing Irish law which would hinder the full and free disposition of rights possessed by the Minister of Finance in Northern Ireland to the Minister of Supply, and would enable such dispositions to be made without going through this somewhat cumbrous form of judicial procedure and advertisement.

Sir Patrick Hannon (Birmingham, Moseley)

I gather that the contents of the Amendment which the Attorney-General has submitted have been discussed with the Government of Northern Ireland and that they are in accord with the statement made by the Minister to the House?

The Attorney-General

It is as a result of those consultations that this Amendment has been put down.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clause 21 ordered to stand part of the Bill.