DRAINAGE. (Hansard, 23 April 1841)

The Marquess of Salisbury
having understood that some clauses were to be introduced by the noble Marquess (Normanby) into the Drainage Bill, (the report of the committee on which was to be brought up that day) for the purpose of extending the operation of the measure to Scotland, was desirous of asking him whether he would have any objection to postpone its further consideration until these clauses had been printed.

The Marquess of Normanby
said, that from one cause or another so much delay had already taken place in the progress of this bill, that he certainly was very unwilling to postpone its consideration still further. And he put it to the noble Marquess whether the reason he had assigned was a sufficient cause for so doing. There could be no doubt as to the necessity of some such measure in Scotland. In fact there was no part of the kingdom for which it would be so necessary; and the 1019 only object of the clauses which he intended to propose for the application of this bill to that country was, that the same principle should be adopted, and the same machinery used as in England. He accordingly thought that the best course to pursue would be to bring up the report of the committee at the present time, and to take the additional clauses into consideration on Thursday next.

The Marquess of Salisbury
did not wish to throw any impediment in the way of the measure's progress, but he was afraid that mixing up with it the question of Scotch drainage would most seriously impede, if not altogether throw it out. Some parties had felt the greatest alarm on the question, and had drawn up a petition praying to be heard against the supposed clauses by counsel at their Lordships' bar. He had advised them not to take this step; but he thought the alarm thus proved to exist was a sufficient reason for delaying the further consideration of the bill until the additional clauses had been printed.

§ Lord Lyndhurst
said, that in connection with this subject, he had received a petition from Birmingham against the Borough Improvement Bill, originally a part of the Drainage Bill, stating that that borough had possessed for upwards of seventy years a local act very similar in its provisions to the bill of the noble Marquess, which the petitioners, on this account opposed. They prayed that Birmingham might be excluded from the operation of the measure, and as commissioners were appointed by the local Act, and there was no clause in the present bill to abolish them, if it were not excluded there would be two authorities appointed for the same purpose, and endowed with the same powers, operating against each other—the commissioners under the local Act, and the town council under the bill of the noble Marquess.

The Marquess of Normanby
said, that the case to which his noble and learned Friend had alluded, was a mere matter of detail. It would be easy either to omit Birmingham from the operation of the bill, according to the prayer of the petitioners, or to abolish the local Act. As to the strong desire of the noble Marquess (Salisbury) for the postponement of the measure, he sincerely trusted that if they agreed to postpone the consideration of the report until the earliest day in next week that 1020 the noble Marquess would not ask for, nor the House consent to, that which had been almost held in terrorem over them, that the parties opposing the application of the bill to Scotland should be heard by counsel at the bar against it.

§ The Earl of Ripon
said, that in Birmingham, and in those places which possessed local Acts, their abolition for the sake of introducing the bill of the noble Marquess would excite the strongest opposition and discontent.

The Marquess of Normanby
I only suggested that as a means of avoiding the anomaly which would arise from the joint operation of the general and local Acts.

§ Lord Lyndhurst
If the power of the commissioners under the local Act are proposed to be abolished, they would certainly then have a right to be heard by counsel at the bar, which the noble Marquess seems so desirous to avoid.