HC Deb 30 July 1951 vol 491 cc1100-2

Lords Amendment: In page 5, line 35, leave out from "from" to end of line 36 and insert: payments by the lessee under the lease.

10.45 p.m.

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

Mr. J. Enoch Powell (Wolverhampton, South-West)

I think I am right in assuming that the Amendments in line 35 and 37 hang together. The result would be that the material words of this subsection would read: A deduction of the amount authorised‥‥may be made on account of the said contribution from any payments by the lessee under the lease in accordance with the provisions of that Schedule, or otherwise recovered by the lessee in accordance with those provisions. If I have incorporated those Amendments correctly, I do not think we can accept them, because they involve statements that a deduction of the amount authorised may be recovered by the lessee in accordance with the provisions of the Third Schedule. The material words are "a deduction may be recovered by the lessee." I submit that it is possible for the lessee to recover an amount or to recover a thing, but it is quite impossible for a lessee to recover a deduction. Unless I have misconstrued the Clause, I do not think we can accept this Amendment.

Question put, and agreed to.

Lords Amendment: In page 6. line 21. at end, insert: or (c) under any enactment other than the principal Act, in consequence of the imposition of any prohibition or restriction in respect of that development.

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

Mr. Derek Walker-Smith (Hertford)

I rise only to ask what is the purpose of inserting this paragraph. It would be helpful to know what enactments were in the mind of the Government when this Amendment was introduced.

The Minister of Local Government and Planning (Mr. Dalton)

I am anxious, on the one hand, to be available to the House for any explanation required, and, on the other hand, not to delay the proceedings unduly. This Amendment is consequential on the Amendment, in page 6, line 8, to leave out "the winning and working" and to insert "any development."

We have a series of Amendments to Clause 6 (4) which are drafting. Perhaps the hon. Member will consider the arrangements for setting off development charges against payments from the £300 million. If permission is revoked, or the ironstone is acquired compulsorily or working is prevented, compensation is made payable. This proposes that a slice of compensation shall be taken from the Ironstone Restoration Fund after payment has been made in the ordinary way. That item covers not only this particular matter, but the whole of the series.

Mr. Powell

I am not sure that the right hon. Gentleman has appreciated the difficulties which I and my hon. Friend feel will arise from adding these words. It is common knowledge that, under the principal Act, if permission for development is in certain circumstances withheld or is revoked after having been granted, then compensation is payable to the person who previously benefited by that planning permission. I am not, however, as at present advised, aware of any Act, other than the principal Act, under which such compensation is payable. We are here writing in a new paragraph referring to such enactments other than the principal Act. Might we be told of at least one other enactment under which such compensation is payable?

Mr. Dalton

Yes, I can readily do that. Under the Mines (Working Facilities and Support) Act, 1923, and the Railways Clauses Consolidation Act, 1845.

Question put, and agreed to.

Lords Amendment: In page 6, line 28, after the words last inserted, insert: