HC Deb 30 June 1965 vol 715 cc661-2
Dr. Dickson Mabon

I beg to move, Amend went No. 20, in page 10, line 4, to leave out from "Scotland" to end of line 7 and to insert: in subsection (1), for the expression 'order for the possession of the dwelling-house' there shall be substituted the expression decree of removing or warrant of ejection from the dwelling-house or other like order'". I suggest, Mr. Deputy-Speaker, that we might consider at the same time Amendment No. 63, also standing in the name of my right hon. Friend—in page 17, line 23, leave out "and warrant of ejection" and insert: or warrant of ejection or other like order —since it embraces the same point.

Mr. Deputy-Speaker

If the House has no objection, I have none.

Dr. Mabon

Both these Amendments are in response to complaints—if I may put it in rather strong terms—that we have received during the proceedings of the Bill. The hon. Member for Orpington (Mr. Lubbock) in particular raised a number of matters with me, some of which we discussed in Committee, but we did net discuss this point, although I think that I did mention it to two hon. Members, including the hon. Member for Aberdeenshire, West (Mr. Hendry).

I am told that there are seven actions of removing, one of which goes back to the Act of Sederunt of 14th December, 1756. To put all this into the Bill would be rather lengthy and that is why we are using the phrase "or other like order" in this Amendment. The advice given to me on the point is perfectly sound, having been gone over many times, and I hope that those interested in Scotland and those who represent Scotland here will agree that the Government have made an earnest attempt to try to meet the point.

Mr. David Steel (Roxburgh, Selkirk and Peebles)

I thank the hon. Gentleman for taking account of the point raised by my hon. Friend the Member for Orpington (Mr. Lubbock). This originated from a question raised with me by some of my constituents when they saw the draft of the Bill. We are grateful to the hon. Gentleman for the way in which this provision has been redrafted. Will he confirm that the use of the phrase "or other like body" covers a warrant of summary ejection?

Dr. Mabon


Mr. Forbes Hendry (Aberdeenshire, West)

I, too, should like to thank the Under-Secretary of State for these Amendments. However, I think that he is a little modest when speaking about "complaints". After all, he got a number of suggestions. Although, in Committee, this point was not raised, a number of suggestions were made with a view to improving the deplorable drafting of the Bill in its original form. I am glad that he has taken proper legal advice and I am perfectly satisfied with the Amendment.

Amendment agreed to.