HC Deb 03 March 1948 vol 448 cc485-8
Mr. Manningham-Buller (Daventry)

I beg to move, in page 7, line 18, at the end, to insert: (6) If any damage or injury is caused by reason of anything done or omitted to be done in the carrying out of works in pursuance of this section or by reason of failure to reinstate the land properly after carrying out any such works, the owner or occupier of the land on which works have been or are being carried out under this section, shall not be under any liability in respect thereof. This Clause gives power to search for water on land proposed to be purchased, and Subsections (4) and (5) contain certain protections for the occupiers and owners of the land. Under Subsection (4), a person interested in the land may obtain compensation from the authority making the survey if, in fact, damage results from those efforts. Under Subsection (5), if damage is done by the escape of water, then, again, the local authority is made responsible.

At first sight, it appears to me that what is left out of this Bill is the case where the local authority, entering upon land under this Clause, digs a well or a trench and leaves it open, or, alternatively, does not properly reinstate the land, and where, as a result of that act of omission, another person may suffer injury such as, for instance, a broker leg. In those circumstances, it ought to be made quite clear in this Bill that the occupier or owner of the land, who has not done any work on the land, is in no way liable at common law for those damages. But for the Amendment I am now moving, a person entering upon that land, who broke his leg in the circumstances I have described, through falling into a trench dug by the local authority, might well start an action against the owner or occupier of the land. Indeed, he might delay so long as to be debarred from commencing action against the local authority. Bearing in mind that there is no responsibility upon the owner or occupier of the land for the damage which that individual suffers, it seems to me that the inclusion of these words is desirable, and that they would at least lead to a clarification of the position.

Mr. Osborne (Louth)

I beg to second the Amendment.

Mr. J. Edwards

I am advised that this Amendment is not necessary and that the general law as it stands, should ensure that the onus for damage caused by what I think are technically called traps will be placed upon the person responsible for creating the danger. In any case, I doubt whether the intention of the hon. and learned Gentleman would be achieved by his Amendment. I think he would agree with me that there are circumstances in which the owner of the land might legitimately be proceeded against if, for example, he had received full compensation under Subsection (4), where clearly the liability of the local authority would then have come to an end. As the Amendment is drafted, I do not think the hon. and learned Gentleman would achieve his object. However, I do not think that is very important at the moment, because I am satisfied that the law as it stands removes the onus from the owner or the occupier; or if, in any circumstances, an action would lie, the owner or occupier would be able to deal with the local authority and bring them into the case and, indeed, I think in most cases would get complete indemnity.

In those circumstances I think it unnecessary for the Amendment to be pressed. I should not want to insert these words, or words like them, in this Bill in which we have followed a good deal of precedent, because if we inserted these words specifically it might be thought that we were doubtful about the use in other statutes of words similar to those in this Clause. I hope the hon. and learned Gentleman will not press the Amendment.

Mr. Manningham-Buller

With the leave of the House, I should like to put a further point to the Parliamentary Secretary. I do not think there is any disagreement between us as to what we want to achieve, but there occurs to me a case which might involve difficulty. Suppose that a trench has been dug or a hole made and a man walks into it at night and breaks his leg. True, the local authority has created the trap. It has done so on the land in the occupation of some other person. Primarily the occupier is liable for damages for traps on his land. It might well be that the action against the occupier would be commenced after the time for commencing an action against the local authority had run out, in which case there would be no possibility of an injured person obtaining damages from the local authority. It was to cover that rather exceptional possibility that I moved this Amendment. I think it would improve the Bill. I do not take any particular pride in the drafting of the words, but if the Parliamentary Secretary would assure me that he will give the matter further consideration I would, with the leave of the House, withdraw the Amendment.

Mr. J. Edwards

The hon. and learned Gentleman was good enough——

Mr. Deputy-Speaker (Mr. Hubert Beaumont)

If the hon. Gentleman wishes to speak again, he should ask the leave of the House, as he has already spoken.

Mr. Edwards

I am sorry, Mr. Deputy-Speaker. I thought that under Standing Order 46, if I was in charge of the Bill, I had the right to speak again.

Mr. Deputy-Speaker

That does not apply on this particular occasion. There is an easy way out. The hon. Gentle- man need not fear what the House might say.

Mr. Edwards

I am very much obliged to you, Sir. I am very sorry to have fallen into an error. Perhaps I may have the leave of the House to speak again. As I was about to say, the hon. and learned Gentleman was good enough to give me notice of this Amendment before he put it down, so that I have been able to go into it very carefully. I am assured by my legal advisers that the Clause as it stands gives all the protection that is needed. It is a form which we have used in other statutes and, therefore, I am not in any position to say that I can look at this matter again, because there will not be another occasion, but I hope the hon. and learned Gentleman will accept my assurance.

Amendment negatived.