HC Deb 25 October 1967 vol 751 cc1652-3

Lords Amendment No. 9: In page 22, line 22, after "authority" insert: , if it appears to them impracticable to obtain such access by an access agreement or access order,".

Dr. Mabon

I beg to move, That this House doth agree with the Lords in the said Amendment.

Mr. Speaker

With this Amendment we can take Lords Amendments Nos. 10 and 11.

Dr. Mabon

Yes, Mr. Speaker. This Amendment follows closely on a similar Amendment to Clause 31(1), which deals with public path orders, which was made in the Scottish Standing Committee as a result of the discussions which I had with the Scottish Landowners' Federation and the National Fanners' Union. It is a desirable Amendment. Similarly, Amendment No. 10 is desirable. Both my noble Friend the Parliamentary Under-Secretary and I have taken every opportunity to emphasise that access orders or compulsory acquisition orders were measures of last resort. In the Bill as drafted there was some doubt whether a local authority would have power to acquire land by agreement. This makes the position clear. Perhaps we can take also Lords Amendment No. 12, in Clause 25, which is similar to Amendment No. 11.

Mr. Speaker

So be it.

Dr. Mabon

These are Amendments of substance which make it clear that subsection (2) in both Clauses can be deleted. They are ob majorem cautelam. We do not need to have subsection (2) in either Clause, because we believe that subsection (1) is as extensive as we would seek to go even if we had both the other subsections. The Government feel that subsection (1) contains the powers that we desire and that subsection (2) need not be written into the Bill.

Mr. Stodart

The hon. Member is perhaps treading dangerously when he quotes law at us. It makes me think that one or two of his hon. Friends, whose names I would not mention if the positions in the House were reversed, would undoubtedly have wished for a full explanation in the House of the Scottish system of feu and excambion, which many hon. Members will not understand. As we are anxious to make progress, however, I merely say that these Amendments are improvements.

Question put and agreed to.

Subsequent Lords Amendments agreed to.