§ The prohibition imposed subject to certain exceptions by section 22 of the principal Act on the depositing of solid refuse from a mine or quarry so that it falls or is carried into a stream shall be extended to include any solid refuse.—[Dr. Dickson Mabon.]
§ Brought up, and read the First time.
§ 5.20 p.m.
§ The Under-Secretary of State for Scotland (Dr. J. Dickson Mabon)I beg to move, That the Clause be read a Second time
I would suggest, Mr. Deputy-Speaker, that it would be convenient to discuss at the same time Amendment No. 16, in Schedule 3, page 17, leave out lines 15 and 16, and insert: 1322
In subsection (1) for paragraph (c) there shall be substituted the following paragraph—(c) if he deposits on any land any solid refuse so that it falls or is carried into a stream";In subsection (4) for the words from "(which consent" to "quarry" there shall be substituted the words "any solid refuse".The new Clause arises from an undertaking I gave in Committee on behalf of my right hon. Friend as a consequence of an Amendment moved by the hon. Member for Aberdeenshire, West (Mr. Hendry). In view of the hon. Member's earnest speech and an eloquent plea by my hon. Friend the Member for West Stirlingshire (Mr. W. Baxter), I agreed to look at the matter more closely and see whether we could find a better way of improving the Bill.The hon. Member for Aberdeenshire, West moved an Amendment to Section 22 of the 1951 Act—a very ingenious Amendment, because the Section was designed for an entirely different purpose—to make it an offence to deposit on any land any solid refuse, and not only the solid refuse of a mine or quarry, so that it falls or is carried into a stream. Section 22(4) provides, however, that the solid refuse of a mine or quarry may be deposited with the consent of the river purification authority, subject to appeal to the Secretary of State—I emphasise this—if no other site for the deposit is reasonably practicable and all reasonably practicable steps are taken to prevent refuse entering the stream. It was on that main point, which was omitted from the Amendment, however ingeniously contrived, that it was difficult for the Government to look at it with favour in Committee.
However, I believe that in moving the new Clause we have picked up that saving in Section 22(4). The new Clause and the consequential Amendment to the Third Schedule extending the offence to deposits on any land of any solid refuse are designed to meet the criticism. They will prohibit the depositing of solid refuse—my hon. Friend the Member for West Stirlingshire gave instances such as bedding, loads of rotten potatoes and sawdust—on the banks of streams in the hope that they will be swept away, but they will permit legitimate deposits for land reclamation and other public purposes. That is the saving grace of the new provision.
§ Mr. Forbes Hendry (Aberdeenshire, West)I wish to express appreciation of the Under-Secretary's moving the new Clause in relation to an Amendment which I proposed earlier. At that time and now the hon. Gentleman has made reference to my ingenuity in adapting Section 22. On that previous occasion the hon. Gentleman referred to very great difficulties which he encountered in accepting the Amendment. It is remarkable how, after thought, all those difficulties and the need for ingenuity have faded away. I congratulate the hon. Gentleman on very much more felicitous wording than I originally proposed, and I have very great pleasure in supporting the new Clause.
§ Mr. William Baxter (West Stirlingshire)I participated in the discussions in Committee, and would associate myself with the remarks which have been made. Like the hon. Member for Aberdeenshire, West (Mr. Hendry) I congratulate my hon. Friend on his wisdom on this occasion, and hope that this will continue in future.
§ Question put and agreed to.
§ Clause read a Second time and added to the Bill.