EXTENDED APPLICATION OF THE TELEGRAPH ACTS

HC Deb 07 July 1981 vol 8 cc378-80

Lords amendment: No. 63, in page 67, line 40. at end insert— (2) For section 26 of the said Act of 1863 there shall be substituted the following section—

Determination of objections by arbitration.

26.—(1) After the receipt by British Telecommunications of such a notice of objection, either party may require the objection to be referred to an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators; and the reasonable expenses and remuneration of the arbitrator shall be paid by British Telecommunications.

(2) In the application of this section and sections 27 to 29 and 33 of this Act to Scotland, any reference to an arbitrator shall be construed as a reference to an arbiter.

(3) The Arbitration Act (Northern Ireland) 1937, except the provisions set out in Schedule 3 to that Act, shall apply in relation to any arbitration under this section or section 33 of this Act in Northern Ireland as if the arbitration were pursuant to an arbitration agreement and as if this Act were such an agreement, except in so far as that Act is inconsistent with this Act."

1. (3) In consequence of subsection (2)—
   1. (a) in section 24 of the said Act of 1863 the words "and send" onwards shall be omitted;
   2. (b) in sections 27 to 29 of that Act for the words "Board of Trade", wherever occurring, there shall be substituted the word "arbitrator";
   3. (c) in section 33 of that Act for the words "the Board of Trade" there shall be substituted the words "an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators; and the reasonable expenses and remuneration of the arbitrator shall be paid by British Telecommunications"; and
   4. (d) section 34 of that Act shall be omitted.
2. (4) Subsection (1) shall extend to the Isle of Man; and, subject to subsection (5), subsections (2) and (3) shall come into operation on the appointed day.
3. (5) Nothing in subsections (2) and (3) shall affect the operation of sections 26 to 29 and 34 of the said Act of 1863 in relation to any hearing begun before the appointed day."

Mr. Kenneth Baker

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

Mr. Deputy Speaker

With this it may be convenient to discuss Lords amendments Nos. 68, 113 and 118.

Mr. Baker

This group of amendments effects an overdue reform in the Telegraph Act 1863—an old statute dating from the dawn of the age of the telephone—which governs the carrying out of works by BT, for example the placing of telegraph poles and wires. Sections 26 and 33 of the 1863 Act provide for certain minor disputes about the siting of telegraph works to be determined by the "Board of Trade". In our view, ministerial intervention in matters of this sort that mainly affect private rights is neither necessary nor particularly desirable because of the extra bureaucracy involved. Arbitration offers a simpler, speedier and more efficient but equally fair alternative. The Act already provides in section 34 for the Minister to appoint an arbitrator to determine objections on his behalf and the amendments will enable disputes to proceed direct to arbitration. The president of the Chartered Institute of Arbitrators is empowered to act to resolve any disagreement about the appointment of the arbitrator.

As a Minister I do not want to become involved in any disputes on the siting of telegraph poles. This modest reform will affect a small but worthwhile reduction in delaying bureaucracy—a good example of the aims of the Government.

Mr. Gregor MacKenzie

The Minister's speech was one of the few occasions during the whole of the Bill when he said that there would be some sort of reduction in ministerial powers. That is a marginal reduction in the massive powers that the Minister has taken for himself in the Bill. We readily accept what he had to say.

Question put and agreed to.