HC Deb 25 October 1967 vol 751 cc1656-7

Lords Amendment No. 25: In page 39, line 1, leave out from "maintenance" to end of line 5.

Dr. Mabon

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

When subsection (2) was added in Standing Committee I undertook that the Government would look into the effect of the last four lines. The result of our consideration is the present Amendment. The words which it deletes were taken from the similar provision relating to district councils in Section 29 of the Local Government (Scotland) Act, 1894. These are different circumstances, but if a local authority exercises the permissive power which the Clause gives to maintain a public right of way it is only fair, in 1967, that it should be possible for it to be held responsible for damages arising from the way in which it has done the maintenance. This is a reasonable compromise. It is one that I hinted at, but I could not find the words earlier in our proceedings.

Mr. Stodart

In our discussions upstairs, this point was raised by my hon. and learned Friend the Member for Edinburgh, Pentlands (Mr. Wylie) as a possible objection to the hon. Gentleman's moving to add subsection (2). My hon. and learned Friend pointed out the difficulty. I am glad that the Minister has found that that advice was wise, as I felt sure that it would be. It shows the value of our being able to assist the Government on their legal problems in the absence of a Law Officer for Scotland.

Question put and agreed to.

Subsequent Lords Amendments agreed to.