HC Deb 23 October 1968 vol 770 cc1439-40

Lords Amendment No. 44: In page 22, line 29, leave out from "1967" to end of line 30 and insert: (a) if he was appointed by the Minister of Housing and Local Government, as functions of that Ministry and (b) if he was appointed by the Secretary of State, as functions of the Welsh Office.

11.0 p.m.

Mr. MacColl

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

10 "C—(1) In paragraph 11 of Schedule 1 to the Act of 1946 (which applies special parliamentary procedure in the case of compulsory purchase of land forming part of a common, open space, etc., and is applied by section 73 of the principal Act to appropriation of land by local authorities under that section), in sub-paragraph (l)(b) (exemption where land is required for widening of an existing highway and the Minister certifies that it is unnecessary to give land in exchange), for the words 'that the land is' there shall be substituted the words 'that the land does not exceed 250 square yards in extent or is'.
(2) Nothing in this section applies to or affects an order made before the commencement of this section."

Read a Second time.

Mr. Oscar Murton (Poole)

I beg to move, as an Amendment to the proposed Amendment, in line 10, to leave out 'or' and insert 'and'.

This would appear to be comparatively simple, but this Clause refers to the Acquisition of Land (Authorisation Procedure) Act, 1946. While Lord Kennet, in another place, was at pains to say that the Government are preserving land protection and amenity as the 1946 Act implies, we on this side of this House are not too certain that the Clause, which is designed to extend the area of operation open to the Minister without exchange of other land, is not open to abuse.

It is strange indeed that the Government should decide to insert this Clause

This is a substantial step forward in the fields of liberty. Under Clause 24(2), the Parliamentary Commissioner for Administration is given jurisdiction over determinations by inspectors who are officers of the Ministry of Housing and Local Government or the Welsh Office, but it does not cover the case where an officer of our Ministry is appointed by the Secretary of State for Wales to deal with a Welsh appeal, or vice versa.

This Lords Amendment makes quite certain that if there is any cross-fertilisation of that kind the Parliamentary Commissioner will not be shut out.

Question put and agreed to.

Subsequent Lords Amendment agreed to.