HC Deb 19 March 1957 vol 567 cc201-2
32. Mr. Hubbard

asked the Secretary of State for Scotland, in view of the fact that in normal processes of law all ex- penses, including those of the successful party, are borne by the unsuccessful party, why his Department has invited the education authority for the county of Fife to pay his expenses in connection with the compulsory acquisition of land at Buckhaven High School.

Mr. Maclay

It is the normal practice to require expenses incurred by me in connection with a compulsory purchase order to be paid by the education authority who promoted the order unless the objections which have given rise to the inquiry are considered to be frivolous. I can find no special circumstances in this case to warrant exceptional treatment.

Mr. Hubbard

Will not the right hon. Gentleman agree that this is a case where a local authority, which is responsible for education and the provision of playing fields and the building of a high school in my constituency, has been compelled to take certain legal steps in order to carry out the wishes of the Government, and, having taken those legal steps, the county council not only has to meet its own expenses but also the expenses of the Secretary of State? Is not this another case where the Secretary of State is making things more difficult for the finances of the local authorities?

Mr. Maclay

I have studied this case, and, on all available precedents, it seems to be fair and just.

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