HC Deb 30 July 1951 vol 491 cc1123-5

Lords Amendment: In page 12, line 40, at end insert: 'tidal waters' includes the waters of any enclosed dock which adjoins tidal waters;

Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."—[Mr. Lindgren.]

Mr. Nugent

This Amendment, which sets out to define tidal waters, does give rise to some anxiety in the minds of the river boards who have to operate this Bill when it becomes law. While it is too late and probably too difficult to define what tidal waters are, I think the Minister could give some reassurance to the River Boards Association if he could give an undertaking that when river boards have a stretch of tidal water within the meaning of this definition which they wish to bring within their sphere of operation, he will be expeditious and sympathetic in making orders under Clause 6, which enables him to bring tidal waters within the operation of the river boards on application.

There are long stretches of river, particularly in East Anglia, where the tide may come up as much as 100 miles inland. It is most important that the river boards should bring these stretches into a condition of purity, but unless an order is made they will not, as tidal waters, come within the sphere of the boards. In order to clarify this, and to reassure the river boards, I ask the Parliamentary Secretary for an assurance that when applications are made for such orders they will be considered expeditiously and sympathetically.

Mr. Philips Price

I am very glad the hon. Member has raised this point. The whole definition of tidal waters is not clear even now. It is in the case of closed docks, but not in a whole lot of other cases. The result of this Clause will be to lay on the Minister the onus of deciding whether a river board shall take action or not in a whole series of cases. For a certain class of water which is tidal, or is affected by sluice gates and goes up and down indirectly as a result of the tide, the board will not take action except after an application to the Minister. It is important that the Minister should be fully seized of this point, and give an undertaking that he will consider applications sympathetically.

Mr. Lindgren

I really do not know where we are getting. The hon. Member for Guildford (Mr. Nugent) spoke of everything except the Amendment. This Amendment is to place it beyond all doubt—at least that is its intention—that docks in tidal waters are included in the definition of tidal waters. My hon. Friend made a speech which I should have thought would have come on the Amendment he has put down. We cannot at this stage start re-defining the question of tidal waters and their effect.

Question put, and agreed to.

Remaining Lords Amendments agreed to. [Several with Special Entries.]