HC Deb 18 May 1950 vol 475 cc1445-6
Brigadier Peto

I beg to move, in page 6, line 33, at the end, to insert: Provided that such gate or gates shall on demand be replaced at any time after the cattle-grid is removed. With your permission, Major Milner, I should like to include in my remarks the Amendment to line 36 which is in similar terms.

The Chairman

Certainly.

Brigadier Peto

In an earlier discussion, on Clause 2, I asked the Minister whether he envisaged the removal of a grid at any time and if so, whether the road and its surroundings would, as early as possible, be put back into the condition in which it stood when the cattle-grid was first installed. I gathered from his reply that it was his intention to see that that was done. On this side we quite understand the purpose of Clause 7. It is to prevent some malicious farmer, if any there be, from destroying the purpose of the Bill and refusing to take away a gate when a cattle-grid is installed. We also see the necessity for providing that any farmer whose gate is removed for the purpose of installing a cattle-grid shall have the right to replacement or to have the gate itself and the hangings, posts and surroundings put back as they were before the cattle-grid was put up.

Mr. Barnes

I shall be willing to accept the Amendment if the hon. Member will agree that we have the opportunity of re-wording it. I understand that "at any time" may not be acceptable drafting.

Brigadier Peto

On that assurance, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

The Chairman

I assume the remarks of the Minister apply also to the consequential Amendment?

Mr. Barnes

Yes, Major Milner.

Motion made, and Question proposed, "That the Clause stand part of the Bill."

Mr. Hay

I would ask the Minister to have a look at the wording of the Clause, because it is obscure. The wording is: The appropriate authority shall on demand repay any expenses reasonably incurred in removing a gate in compliance with the Clause, but it does not say on the demand of whom. That point ought to be cleared up. It is not at all certain what procedure is to be adopted, where there is a request for the repayment of removal expenses. Secondly, there is no definition or clear explanation of what is meant by "reasonable." I do not know whether that is the sort of thing which we are prepared to leave to the verdict of a court. I hope not. It is something on which we ought to have an explanation and I should be grateful if the Minister would explain what the wording means.

Mr. Barnes

I accept what the hon. Member says, and I will undertake to have the wording looked into between now and the Report stage.

Question put, and agreed to.

Clause ordered to stand part of the Bill.