§ 9.15 p.m.
§ Mr. Buchanan-SmithI beg to move Amendment No. 46, in page 14, line 29, leave out from 'representations' to end of line 31 and insert
'and the Secretary of State shall afford to any person who has made any representation an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose'.
§ Mr. SpeakerWith this amendment, we may discuss Amendment No. 47, in line 32 after 'representations', insert
'and the report of the person appointed to hear representations'.also standing in the name of the hon. Member for North Angus and Mearns (Mr. Buchanan-Smith).
§ Mr. Buchanan-SmithAmendment No. 47 is consequential, Mr. Speaker.
The purpose of Amendment No. 46 is simple. I am seeking to write into the 311 expedited acquisition order procedure the opportunity for those who object to their land being acquired or who are affected by the procedure to make written representations to the Secretary of State and to make it obligatory on him to give them the opportunity for their objections to be heard.
I do not expect the Government to accept the amendment because, I imagine, they will say that it cuts across the expedited acquisition procedure. We rehearsed many of the arguments in Committee, and I will not repeat them all. I merely put two brief points.
First, many of us doubt whether this procedure is necessary. Even if it is necessary, we do not believe that the form proposed in the Bill gets to the root of the problem. If the procedure is not necessary, we should write into the Bill as much protection as possible for those affected, and the amendment would give people the right to be heard in cases where their individual rights and property may be affected.
Secondly, I contemplated putting down such an amendment in Committee but did not do so because I accepted that it would drive a big hole through the Government's intentions. On reflection since then, however, I am less worried about driving a hole through the Bill. I have had representations on the matter not only from the Scottish Landowners' Federation and other such organisations, but also from the Law Society of Scotland. The Law Society feels that the expedited order procedure cuts across the rights of individuals, and it commends the amendment. I have respect for the opinions of such a body, and with the strength of its support I have considerable confidence in moving the amendment.
§ Mr. SkeetParagraph 1 of Schedule 1 should be withdrawn and remodelled, particularly as similar words appeared in Schedule 2 of the Land Commission Act 1967, that ill-fated measure which was subsequently repealed. But the wording in that Act had an addendum—
… unless in the circumstances of the case that Minister considers it expedient to do so.One would have thought that if the Minister wished to use such terminology again, 312 he would at least have given the individual the right to be represented and to express his case.I see no justification, in this age of so-called participation, particularly when special powers are being utilised, for such opportunity to individuals not to be afforded. The only other parallel we have is in the Emergency Powers Defence Regulations 1939. In that far greater emergency, the Minister, under Regulation 51, could
… take possession of any land, and may give such directions as appear to the competent authority to be necessary or expedient in connection with the taking of possession of that land.In an emergency such as war we confer on the Government of the day all the powers needed to act with expedition. In a situation like this, which is to facilitate North Sea oil operations, these extreme powers are not required. I suggest that the Minister looks at this provision again. This is a special procedure which should be used only rarely. I hope that he will delete it and insert the words suggested in the amendment or devise better words of his own.
§ Mr. MillanThe hon. Member for North Angus and Mearns (Mr. Buchanan-Smith) mentioned incidentally that he thought I would resist this amendment on the grounds that it cut into the purpose of having expedited acquisition orders. I am afraid that it does and for that reason I must resist the amendment.
The procedure for representations to be made on expedited acquisition orders is laid out in Schedule 1. There is the planning procedure which will have been gone through before an order can be made. That is the most important safeguard in terms of giving full ventilation to the planning arguments. The order will be subject to the affirmative resolution procedure in this House and the other place.
In those circumstances to add what would amount to a public inquiry procedure would destroy the purpose of the Bill. We would no longer have an expedited acquisition order procedure but something strictly comparable to the ordinary compulsory purchase procedure. This matter is so basic and has been argued so frequently that I do not believe 313 that I need say more. I could not accept the amendment because it would mean the acceptance of a wrecking amendment. The whole purpose of the Bill on this question of expedition would be lost.
§ Question put, That the amendment be made:—
§ The House divided: Ayes 159, Noes 195.
315| Division No. 48.] | AYES | [9.22 p.m. |
| Aitken, Jonathan | Hall-Davis, A. G. F. | Price, David (Eastleigh) |
| Atkins, Rt Hon H. (Spelthorne) | Hamilton, Michael (Salisbury) | Pym, Rt Hon Francis |
| Beith, A. J. | Hannam, John | Rathbone, Tim |
| Benyon, W. | Harvie Anderson, Rt Hon Miss | Rees-Davies, W. R. |
| Biffen, John | Hawkins, Paul | Reid, George |
| Biggs-Davison, John | Hayhoe, Barney | Renton, Rt Hon Sir D. (Hunts) |
| Boscawen, Hon Robert | Henderson, Douglas | Rifkind, Malcolm |
| Bowden, A. (Brighton, Kemptown) | Hooson, Emlyn | Roberts, Michael (Cardiff NW) |
| Boyson, Dr Rhodes (Brent) | Howells, Geraint (Cardigan) | Roberts, Wyn (Conway) |
| Brittan, Leon | Hunt, John | Rost, Peter (SE Derbyshire) |
| Brotherton, Michael | Hurd, Douglas | Scott, Nicholas |
| Brown, Sir Edward (Bath) | Hutchison, Michael Clark | Shaw, Giles (Pudsey) |
| Buchanan-Smith, Alick | Irvine, Bryant Godman (Rye) | Shelton, William (Streatham) |
| Budgen, Nick | James, David | Shepherd, Colin |
| Bulmer, Esmond | Jessel, Toby | Shersby, Michael |
| Burden, F. A. | Jopling Michael | Silvester, Fred |
| Carlisle, Mark | Kaberry, Sir Donald | Sims, Roger |
| Chalker, Mrs Lynda | Kellett-Bowman, Mrs Elaine | Skeet, T. H. H. |
| Churchill, W. S. | Kershaw, Anthony | Smith, Cyril (Rochdale) |
| Clark, Alan (Plymouth, Sutton) | King, Evelyn (South Dorset) | Spence, John |
| Clark, William (Croydon S) | King, Tom (Bridgwater) | Spicer, Jim (W Dorset) |
| Clarke, Kenneth (Rushcliffe) | Knight, Mrs Jill | Spicer, Michael (S Worcester) |
| Cockcroft, John | Lamont, Norman | Sproat, Iain |
| Cooke, Robert (Bristol W) | Lane, David | Stainton, Keith |
| Cope, John | Lawrence, Ivan | Stanbrook, Ivor |
| Cormack, Patrick | Lawson, Nigel | Stanley, John |
| Corrie, John | Lester, Jim (Beeston) | Steel, David (Roxburgh) |
| Costain, A. P. | Lloyd, Ian | Steen, Anthony (Wavertree) |
| Crawford, Douglas | Loveridge, John | Stewart, Donald (Western Isles) |
| Crowder, F. P. | Luce, Richard | Stokes, John |
| Dean, Paul (N Somerset) | Macfarlane, Neil | Stradling Thomas, J. |
| Dodsworth, Geoffrey | MacGregor, John | Taylor, R. (Croydon NW) |
| Douglas-Hamilton, Lord James | Macmillan, Rt Hon M. (Farnham) | Taylor, Teddy (Cathcart) |
| du Cann, Rt Hon Edward | McNair-Wilson, M. (Newbury) | Tebbit, Norman |
| Durant, Tony | McNair-Wilson, P. (New Forest) | Thatcher, Rt Hon Margaret |
| Eden, Rt Hon Sir John | Marshall, Michael (Arundel) | Thomas, Dafydd (Merioneth) |
| Edwards, Nicholas (Pembroke) | Mates, Michael | Thomas, Rt Hon P. (Hendon S) |
| Elliott, Sir William | Maxwell-Hyslop, Robin | Thompson, George |
| Ewing, Mrs Winifred (Moray) | Mayhew, Patrick | Townsend, Cyril D. |
| Eyre, Reginald | Meyer, Sir Anthony | Trotter, Neville |
| Fairgrieve, Russell | Miller, Hal (Bromsgrove) | van Straubenzee, W. R. |
| Farr, John | Mills, Peter | Vaughan, Dr Gerard |
| Fisher, Sir Nigel | Moate, Roger | Viggers, Peter |
| Fletcher, Alex (Edinburgh N) | Monro, Hector | Walder, David (Clitheroe) |
| Fookes, Miss Janet | Montgomery, Fergus | Watt, Hamish |
| Fowler, Norman (Sutton C'f'd) | Morris, Michael (Northampton S) | Weatherill, Bernard |
| Fox, Marcus | Neave, Airey | Welsh, Andrew |
| Gardner, Edward (S Fylde) | Nelson, Anthony | Wigley, Dafydd |
| Gilmour, Sir John (East fife) | Neubert, Michael | Wilson, Gordon (Dundee E) |
| Goodhart, Philip | Nott, John | |
| Goodhew, Victor | Osborn, John | TELLERS FOR THE AYES: |
| Grant, Anthony (Harrow C) | Page, Rt Hon R. Graham (Crosby) | Mr. Hamish Gray and |
| Grimond, Rt Hon J. | Pardoe, John | Mr. Spencer Le Marchant. |
| Grist, Ian | Parkinson, Cecil | |
| Hall, Sir John | Pattie, Geoffrey | |
| NOES | ||
| Allaun, Frank | Boothroyd, Miss Betty | Colquhoun, Mrs Maureen |
| Archer, Peter | Bray, Dr Jeremy | Cook, Robin F. (Edin C) |
| Armstrong, Ernest | Broughton, Sir Alfred | Cox, Thomas (Tooting) |
| Ashton, Joe | Brown, Hugh D. (Provan) | Craigen, J. M. (Maryhill) |
| Atkinson, Norman | Buchan, Norman | Crosland, Rt Hon Anthony |
| Bagier, Gordon A. T. | Buchanan, Richard | Cryer, Bob |
| Barnett, Guy (Greenwich) | Callaghan, Rt Hon J. (Cardiff SE) | Cunningham, Dr J. (Whiteh) |
| Bates, Alt | Callaghan, Jim (Middleton & P) | Dalyell, Tam |
| Bean, R. E. | Campbell, Ian | Davidson, Arthur |
| Benn, Rt Hon Anthony Wedgwood | Cant, R. B. | Davies, Bryan (Enfield N) |
| Bennett, Andrew (Stockport N) | Carmichael, Neil | de Freitas, Rt Hon Sir Geoffrey |
| Bidwell, Sydney | Carter-Jones, Lewis | Dempsey, James |
| Blenkinsop, Arthur | Cartwright, John | Doig, Peter |
| Boardman, H. | Cocks, Michael (Bristol S) | Dormand, J. D. |
| Booth, Albert | Coleman, Donald | Douglas-Mann, Bruce |
| Duffy, A. E. P. | Kinnock Neil | Roberts, Gwilym (Cannock) |
| Dunn, James A. | Lambie, David | Robertson, John (Paisley) |
| Dunnett, Jack | Lamborn, Harry | Roderick, Caerwyn |
| Eadie, Alex | Lamond, James | Rodgers, George (Chorley) |
| Edge, Geoff | Latham, Arthur (Paddington) | Rodgers, William (Stockton) |
| Edwards, Robert (Wolv SE) | Lee, John | Rooker, J. W. |
| Ellis, Tom (Wrexham) | Lestor, Miss Joan (Eton & Slough) | Roper, John |
| Ennals, David | Lewis, Arthur (Newham N) | Rose, Paul B. |
| Evans, loan (Aberdare) | Lewis, Ron (Carlisle) | Ross, Rt Hon W. (Kilmarnock) |
| Evans, John (Newton) | Lipton, Marcus | Rowlands, Ted |
| Ewing, Harry (Stirling) | Litterick, Tom | Shaw, Arnold (Ilford South) |
| Faulds, Andrew | Lomas, Kenneth | Short, Rt Hon E. (Newcastle C) |
| Fernyhough, Rt Hon E | Loyden, Eddie | Sillars, James |
| Fitch, Alan (Wigan) | Lyon, Alexander (York) | Silverman, Julius |
| Flannery, Martin | Lyons, Edward (Bradford W) | Skinner, Dennis |
| Fletcher, Ted (Darlington) | Mabon, Dr J. Dickson | Small, William |
| Foot, Rt Hon Michael | McCartney, Hugh | Smith, John (N Lanarkshire) |
| Ford, Ben | McElhone, Frank | Spearing, Nigel |
| Freeson, Reginald | MacFarquhar, Roderick | Spriggs, Leslie |
| Garretl, W. E. (Wallsend) | Mackintosh, John P. | Stallard, A. W. |
| George, Bruce | Maclennan, Robert | Stewart, Rt Hn M. (Fulham) |
| Gilbert, Dr John | McMillan, Tom (Glasgow C) | Stoddart, David |
| Golding, John | McNamara, Kevin | Stott, Roger |
| Gourlay, Harry | Madden, Max | Summerskill, Hon Dr Shirley |
| Grant, John (Islington C) | Magee, Bryan | Swain, Thomas |
| Grocott, Bruce | Mahon, Simon | Taylor, Mrs Ann (Bolton W) |
| Hamilton, W. W. (Central Fife) | Marquand, David | Thomas, Jeffrey (Abertillery) |
| Hamling, William | Marshall, Dr Edmund (Goole) | Thomas, Ron (Bristol NW) |
| Harper Joseph | Meacher, Michael | Thorne, Stan (Preston South) |
| Harrison, Walter (Wakefield) | Mellish, Rt Hon Robert | Tierney, Sydney |
| Hooley, Frank | Mendelson, John | Tinn, James |
| Horam, John | Millan, Bruce | Tomlinson, John |
| Hoyle, Douglas (Nelson) | Miller, Dr M. S. (E Kilbride) | Urwin, T. W. |
| Hughes, Rt Hon C. (Anglesey) | Murray, Ronald King | Varley, Rt Hon Eric G. |
| Hughes, Mark (Durham) | Newens, Stanley | Wainwright, Edwin (Dearne V) |
| Hughes, Robert (Aberdeen N) | Noble, Mike | Walker, Terry (Kingswood) |
| Hughes, Roy (Newport) | Ogden, Eric | Ward, Michael |
| Hunter, Adam | O'Malley, Rt Hon Brian | Watkins, David |
| Irving, Rt Hon S. (Dartford) | Orbach, Maurice | Weitzman, David |
| Janner Greville | Orme, Rt Hon Stanley | White, Frank R. (Bury) |
| Jay, Rt Hon Douglas | Ovenden, John | White, James (Pollok) |
| Jenkins, Hugh (Putney) | Park, George | Williams, W. T. (Warrington) |
| John, Brynmor | Parry, Robert | Wilson, Alexander (Hamilton) |
| Johnson, James (Hull West) | Pavitt, Laurie | Wilson, Rt Hon H. (Huyton) |
| Johnson, Walter (Derby S) | Perry, Ernest | Wise, Mrs Audrey |
| Jones, Barry (East Flint) | Prescott, John | Woodall, Alec |
| Jones, Dan (Burnley) | Price, C. (Lewisham W) | Woof, Robert |
| Judd, Frank | Price, William (Rugby) | |
| Kaufman, Gerald | Radice, Giles | TELLERS FOR THE NOES. |
| Kelley, Richard | Richardson, Miss Jo | Mr. John Ellis and |
| Kerr, Russell | Roberts, Albert (Normanton) | Mr. James Hamilton. |
§ Question accordingly negatived.