CLAUSE 14.—(Miscellaneous provisions and consequential amendments.) (Hansard, 3 March 1948)

§ Mr. J. Edwards
I beg to move, in page 10, line 25, at the end, to insert: (3) Paragraph (a) of the proviso to subsection (1) of the said section thirty-three (which provides that an order under that section shall not vary the quantity of compensation water required by any local enactment to be discharged into any watercourse) shall have effect as if after the word 'vary,' there were inserted the word 'compulsorily.' At an earlier stage in our consideration of this Bill my hon. Friend the Member for West Woolwich (Mr. Berry) moved some Amendments which he subsequently withdrew, the effect of which would have been to empower the Minister to include provisions for the compulsory variation of compensation water in orders made under Sections 23 and 33 of the Act. I then promised to look into these matters further. As I said on an earlier occasion, I have a good deal of sympathy with the point of view which my hon. Friend expressed, but since the matter was last raised I have been able to consult some of the interests concerned and I have become aware that there would be formidable opposition from some of them. I feel, therefore, that it would be wrong at this rather late stage, especially in view of the fact that I said when I first spoke on this Bill—and it was said in another place also—that we regarded this matter as essentially non-contentious. I have, therefore, come to the conclusion that I 489 cannot agree that the Bill should be amended to the extent proposed by my hon. Friend.
However, I think that there is good reason for bringing Section 33 of the Act—that is the Section which enables the Minister by order to repeal or amend local enactments—into line with Section 23, by providing that under the former Section it will be possible by means of the Minister's order to make provision for the variation of compensation water where there is agreement. By "variation," one means variation either way—to increase or reduce. This provision is already covered under the first proviso of Section 23 (1) where the Minister makes an order under that Section. I think it would be agreed that there are cases in which we have complete changes of circumstances, where it may be possible to get agreement, and then this easier procedure would be worth while.
I am sorry that I have not been able to go further to meet my hon. Friend's point, with which I have a good deal of sympathy, but I am anxious that this important Measure, which was designed to bring the 1945 Act up to date, and to improve on the procedure in some respects, should not be a battleground for the various interests which centre around our water supplies.

§ Mr. Manningham-Buller
The Parliamentary Secretary has gone just to the right limit to avoid any opposition. We should not object to this particular Amendment which gives power, as I understand it, to vary the enactment so as to provide for the variation of compensation water by agreement between the interested parties. I think that will improve the Bill, but I am very glad he has not gone so far as to say that he should take power to make such variation compulsory, which is what the hon. Member for West Woolwich (Mr. Berry) was asking on the last occasion.

§ Mr. Berry (West Woolwich)
It is pleasant for me to feel I am in agreement with the hon. and learned Member for Daventry (Mr. Manningham-Buller) on this matter, and if he could only extend the same spirit of sweet reasonableness to his friends in the country, I will undertake to do the same with my friends, so 490 that what we desire shall be done throughout the country. I think justice is done by this Clause—or shall we say justice is done by the Amendment—until there is a regular revolution in the water industry.