HC Deb 26 June 1959 vol 607 cc1647-8

3.48 p.m.

Mr. A. J. Irvine (Liverpool, Edge Hill)

I beg to move, in page 2, line 21, to leave out from the beginning to "any" in line 22.

This is merely a drafting point. The words proposed to be left out seem to us to add nothing useful to the Bill. If they have any effect, I suppose it might be to invalidate an application in a case where an applicant had not at the time of making his application formed a firm purpose of the kind referred to in the Clause. But an owner who had not formed such a purpose might yet want, so it seems to me, to safeguard himself. He might desire to make application in that way to safeguard that position and wish to remain free to change his mind at a later date. He could then cancel the notice. As far as we can see, there is no objection to him so behaving. On this view of the matter, either the words which we propose to leave out of the Clause are otiose or, if they have any effect at all, it is an effect which is undesirable. It is upon those grounds that I move the Amendment.

The Solicitor-General (Sir Harry Hylton-Foster)

I share the objection of the hon. and learned Gentleman to inessential and otiose words. We notice them especially in the speeches of other people, but certainly not in the speech of the hon. and learned Gentleman. We do not take the view that the words are restrictive because we think their purpose covers what lawyers would call a quia timet purpose.

We agree that the words are inessential but we think they help the reader and that is why they are there. For reasons which will be known to the hon. and learned Gentleman, lawyers tend to disregard the marginal notes when reading the text of a statute. But in reading the text of this Bill without the words which the hon. Member seeks to leave out, the object of getting the notice registered is not made clear until we get to Clause 3 (1). It was in a desire to help the reader to read the Bill that the words were put in. One always gets into trouble when trying to help but I hope that with that explanation the hon. and learned Gentleman may think it right to leave the words in the Clause.

Mr. Irvine

It having been clearly manifested that the whole object of these words is explanatory, I feel content with the proposition of the right hon. and learned Gentleman and I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause ordered to stand part of the Bill.

Clause 3 ordered to stand part of the Bill.