HC Deb 07 July 1947 vol 439 cc1957-8
Mr. Westwood

I beg to move, in page 58, line 18, to leave out the first "on" and to insert 'immediately before.'

This Amendment and the following two Amendments on the Order Paper are for the purpose of correcting a minor slip in Clause 50 (2). The value of the land compulsorily acquired should be ascertained not to 7th January, 1947, but to the period immediately before that date, and the Amendment I am moving secures that.

Colonel Gomme-Duncan

May I ask for information on this. How far back does "immediately" go? I may be asking a very stupid question, but I do not know what it means, and I am quite sure that there are many people both inside and outside the House who do not know.

The Lord Advocate

It will be for the courts to decide what is the precise meaning of a reasonable time. If there is any real dispute, which I can hardly believe would be likely, the courts would have to decide what in particular circumstances would properly be regarded as being ?immediately before."

Mr. C. Williams

This is a real tragedy. We are at this time of night trying to get a simple answer to a simple question, and we are told that what the courts decide, is reasonable. Surely, the House is capable of deciding a matter of that sort without always having to go to the courts. I have no great feeling on this matter, but it is hard for the House if we cannot get a better legal definition than that which we have just been given. We have only one Scottish Law Officer, and it is a great pity he cannot help the House more than he is doing.

Amendment agreed to.

Consequential Amendments made.