HC Deb 10 April 1956 vol 551 cc80-2

Where notice is given to a local authority by any person of his intention to carry out investigations and research on a specified plant or process operated by him for the purpose of improving the plant or process so as to reduce the emission of smoke, grit or dust therefrom, the local authority shall not take proceedings for any offence under this Act arising solely from the investigations and research without the consent of the Minister:

Provided that any notice so given shall be limited in the first instance to a period of two months as specified in the notice, and that subsequent notices shall refer to similar periods or such longer periods as may be agreed by the local authority.—[Mr. Fort.]

Brought up and read the First time.

Mr. Richard Fort (Clitheroe)

I beg to move, That the Clause be read a Second time.

I have put down this Clause because I think that many hon. Members know that I have been long associated with one of the leading companies in boiler control and with other departments of technology. The Clause will not come amiss to local authorities which have the permissive power under Clause 21 of contributing towards the cost of investigation and research into the problem of air pollution. In the course of investigation and research into preventing smoke and the emission of grit and dust, it is likely that from time to time the apparatus being developed and the methods of research being investigated, as well as the instruments needed for controlling the equipment to see how it is working may result in the emission of smoke, grit or dust, and the Bill would render those who are undertaking this work liable to prosecution.

The purpose of the Clause is to give grounds of defence should a prosecution be launched against a company or individual who may be undertaking this work which he would not have under the Bill at present. One of the difficulties in developing smoke abatement apparatus and other apparatus for tracking down grit, etc., is that there are relatively few fundamental scientific facts known about it, and in consequence work often has to be done on large-scale apparatus which is changed as results are brought in. Much of the equipment which has been developed so far is limited to rather set conditions, and one of the things which those who want to bring about smoke abatement will be aiming at is the development of equipment which is rather more flexible and adaptable than much of that on the market today.

I believe that if my hon. Friend will accept the Clause or its intention he will be aiding the progress of developing suitable, flexible apparatus which will make it easier for smoke to be abated and for dust and grit to be stopped before it gets into the air.

Mr. Nabarro

I beg to second the Motion.

Mr. Powell

The new Clause has drawn attention to what is certainly a difficulty in the Bill as it stands. There is no provision in the Bill whereby smoke, grit or dust emitted by way of research or experiment is exempted from the provisions of the Bill. It is not a defence incorporated in the Bill and an offence would have been committed in those circumstances. That is not a desirable effect and therefore it would clearly be right that an amendment to the Bill should be made to meet the case put by my hon. Friend the Member for Clitheroe (Mr. Fort).

I cannot advise the House to add the Clause as it stands to the Bill. For example, it is not sufficient, surely, that notice should be given to the local authority. There should be some tighter requirement of proving or establishing that research is in fact being proposed which necessitates the emission of smoke, grit or dust. Secondly, the Clause does not seem wide enough to cover pure research work in addition to experimental operations by a firm already operating a furnace. I would, therefore, suggest to the House that while this Clause should not be added to the Bill at this stage, it would be right that an appropriate Amendment to meet the requirements of research and experiment should be made to the Bill in another place, and that would be the intention of my right hon. Friend.

Mr. Fort

I thank my hon. Friend for this undertaking, and I beg to ask leave to withdraw the Motion.

Motion and Clause, by leave, withdrawn.