HC Deb 25 May 1950 vol 475 cc2274-6

5.2 p.m.

Mr. H. L. D'A. Hopkinson (Taunton)

I beg to move, in page 1, to leave out lines 18 to 22.

The effect of removing these lines of the proviso will be that the provision of a gate or by-pass will be made compulsory in all cases where cattle-grids are erected. The object of this Amendment is to avoid the extinction of the right of way for cattle and sheep, on the one hand, and horses and horse-driven vehicles on the other, and also to facilitate the transit of bicycles and pedestrians. Since the last Debate took place, I have made inquiries among many farmer friends on Exmoor and they are all agreed that this is necessary.

I am given to understand that the Minister intends to accept this Amendment, and I should like to thank him and welcome his decision. I believe that acceptance of the Amendment will entail the deletion of Clause 2 (4), which seems to be consequential upon the proviso. Perhaps the Minister will consider looking at these words and introducing an Amendment when the Bill is considered in another place.

The Solicitor-General (Sir Frank Soskice)

As the hon. Gentleman said, my right hon. Friend has given this matter very careful consideration and is prepared to accept the Amendment.

Amendment agreed to.

The Solicitor-General

I beg to move, in page 2, line 6, to leave out from "where," to "the," in line 10, and to insert: after complying with the provisions of the Schedule to this Act the appropriate authority determine, as respects any common or waste land not forming part of the road but adjoining the road or adjacent thereto, that it is expedient so to do. This Amendment is designed to meet two Amendments moved during the Committee stage of this Bill. One was designed to leave out the whole of the proviso to Clause 1 (3), and the other was to widen the application of the existing proviso. What we seek to do in this Amendment is to accept the proposal that the proviso should be widened in the sense in which it was intended it should be widened, and also to provide, as I think it was suggested during the Committee stage, might be appropriate, that the requirements of the Schedule should be complied with before action was taken in accordance with that proviso. I hope that hon. Gentlemen opposite will agree that this meets the spirit of their proposals and that the Amendment improves the Bill and meets the arguments they advance.

Viscount Hinchingbrooke (Dorset, South)

My hon. Friends and I are grateful to the Government for this, the first of a number of Amendments which they have put down at this stage.

Amendment agreed to.

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