EXPERIMENTAL PROJECTS OR SCHEMES. (Hansard, 9 April 1968)

§ Mr. Channon
I beg to move Amendment No. 98, in page 4, line 12, at end to insert— (3) Before approving any proposals made to him under the provisions of subsection 1 of this section the Minister shall

(a) publish, in such manner as he thinks appropriate, notice that proposals have been made to him, and of the place where copies of the proposals may be obtained; and

(b) have regard to any representations received by him regarding the proposals; and the Minister shall not approve the proposals or any of them before the expiry of a period of three months from the date of publication of the said notice or from the date upon which copies of the proposals are made publicly available, whichever date shall be later.
Since the Committee stage, it has been drawn to my attention by people seriously concerned that the effects of Clause 3 are much wider than perhaps we have generally appreciated. In Committee, we had an explanation that the Clause empowers the Commission to deal with experimental projects, but subsection (3) has extremely wide terms which, for example, would allow the Commission, with the approval of the Minister, to set up or carry on through an agent any business or any undertaking whatever.
It has been represented to me by, among others, the C.B.I., that the Minister should at least publicise any projects before he gives his approval. It is suggested that he should publish a notice that proposals have been made to him and let people know where it is possible to get copies of such proposals. It has been put to me that such proposals could be damaging to people concerned and that he should not confirm them until a period of three months has expired from the date of publication. It would then be possible for those concerned to make representations if they felt that they would be badly affected by an experimental project the Commission wished to undertake.
Subsection (3) would allow the Commission to acquire or manage land, erect buildings, hire out works or equipment and to set up a business either directly or through an agent.
These are extremely wide powers, and it is not unreasonable to suggest that there should be some safeguard. We 1270 want to encourage the Commission to get on with its work and any unnecessary delay is to be deplored. I am not wedded to the figure of three months in the Amendment, but there is a case for publishing a notice that such proposals have been made, and for having some delay for approving these proposals in order that representations can be made to the Minister, so that he can consider them before coming to a final decision. I hope that if the Government cannot accept the exact terms of the Amendment, they will look at the points raised by it and consider publishing the proposals, so that people know what is going on. There is a real point here, and something ought to be written into the Bill, possibly in another place, to meet this point, in this or some other way.

§ Mr. Skeffington
I sometimes refer to the odd Amendments which have been moved from the other side, particularly in Committee, as doctrinal, but there are other categories, one of which is the "grandmother" Amendment, of which this is one. I am very surprised that there is any alarm about the purposes of this Clause. It is true that there are a number of things which the Commission could undertake by way of experiment, but it is governed strictly by subsection (1) of Clause 3 which says that these experimental schemes must be designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity. It goes on to specify schemes.
This is not a whole range of activities in which the Commission might like to engage in a gay mood. It has severe restrictions. If there were to be a compulsory purchase order—and we have given constant assurances that this would be very unlikely indeed—there would have to be all the normal consultations and public inquiries. This seems to be an excessive requirement. These schemes have to be submitted to the Minister for approval, in part or in whole. The Commission is required to consult with other bodies, who appear to have an interest. We could be so long in doing all these things that the Commission might get tired before starting. I know I am exaggerating, but it is not necessary to add another provision. I hope that the hon. Gentleman will feel that he does not wish to 1271 press the Amendment, since I have drawn his attention to the limitation of the powers.

§ Mr. Channon
The hon. Member is exaggerating the extent of the difficulties to which the Commission will be subject. He is right in saying that there are some limitations in the Clause. There is a case for such a proposal, but it is not a matter that I want to pursue at any great length now. I give notice that I am sure there will be some of my noble Friends in another place who will wish to raise it. At the moment I ask leave to withdraw the Amendment.

§ Mr. Skeffington
I beg to move, Amendment No. 4, in page 4, line 45 leave out 'or in connection with'.

§ Mr. Speaker
It would be convenient to discuss with this, Amendment Nos. 5, 21 and 22.

§ Mr. Skeffington
The removal of these words would make the subsection read that the powers to be exercised by the Commission or local authority in connection with Clause 3 or Clause 6 should now be: (a) on land belonging to them, or (b) on such terms as may be agreed with the owners and any other persons whose authority is required for the purpose. The reason why the words "or in connection with" have been taken out is because it has been suggested that in the case of a harbour authority those words might be imposing a power which would not be desired either by the Government or the authority. Therefore, we have removed those words.