PUBLIC HEALTH BILL. (Hansard, 15 August 1848)

LORD CAMPBELL
moved the consideration of the Commons' Amendments to the Lords' Amendments to the Public Health Bill, and after stating the amendments made by the Commons to their Lordships' amendments, the noble Lord said that it was for their Lordships to choose whether they would waive their amendments, or throw out this Bill. There was no alternative: it was hopeless to insist on their Lordships' amendments. He trusted that their Lordships would show an example of moderation and forbearance; and, for the sake of the safety of the Bill, that they would agree to what the Commons had proposed, and would be satisfied with the amendments which they had accepted, waiving those which they had rejected.

§ The EARL of ELLENBOROUGH
said, that after what had taken place in this House, their Lordships had a right to expect that their amendments would have re- 142 ceived the support of a united Government in the other House. He supported the propriety of the amendments, which, ha said, had been adopted with the best intentions. He objected to the amendments of the Commons, as they might lead to jobbing in the local boards. He deeply regretted what had passed as to this Bill; but at the same time he would not, on his part, even if he had the hope of inducing their Lordships to agree with him in rejecting any of these amendments, give the House of Commons an excuse for rejecting this Bill. The Bill was not what it ought to be; it was not what he trusted it would be, but it was still a great public good, and they should not have, through him, the excuse of depriving the public of it.

§ The MARQUESS of LANSDOWNE
agreed that it was necessary to waive their Lordships' amendments, at the same time regretting that the Commons had not acceded to them. He and his noble and learned Friend had entertained a strong hope that the House of Commons would have waived, as regarded this Bill, that portion of their privileges which, although sacred in many constitutional respects, were impediments in matters of this kind.

§ LORD REDESDALE
said, of all the clauses in the Bill he considered that relating to the consumption of smoke to have undergone the greatest care; and he very much regretted its rejection by the Commons. The clause had been introduced by the Committee upstairs, with the full sanction of Her Majesty's Government; he therefore thought the Government were to blame for having allowed it to be struck out by the Commons. The reason assigned for its rejection was the reverse of the fact, namely, that it was the subject of separate legislation. Every attempt to make it so had failed; while, on the contrary, as a subject in connexion with other measures it had always succeeded. In Liverpool, Manchester, Leeds, and Derby, the enactment had been applied; why, therefore, it should be excluded from the provisions of this Bill he could not understand. It was essentially a poor man's question, for the weavers of this town were obliged to work from morning till night with every window of their small rooms closed, because the smoke which came from the neighbouring factories injured their work. The parties who were against the abolition of this nuisance were the great chimney owners. They were a small class, but a very important one. If, however, the Govern- 143 ment gave way to that influence, there would be no chance of any measure on this subject being carried. He hoped the Government would assent to the reintroduction of the clause.

§ LORD PORTMAN
regretted as much as his noble Friend, that these clauses had been rejected by the Commons. He thought, however, that it would be unwise to risk such a Bill, by pressing this clause at such a late period of the Session. He trusted that at an early period of the next Session a Bill would be introduced to remedy this evil, and which he hoped would prove successful.

The DUKE of ARGYLL
entirely concurred in the feelings of regret which had been expressed, that the Commons had rejected the amendments introduced by their Lordships.

LORD CAMPBELL
in reply, said, that he could assure the House that the Government had used every exertion to carry these amendments; but they had been unsuccessful, in consequence of the irregular combination of parties against them. It was not until the Government saw that there was no chance of success that they were induced to abandon all hope of carrying these amendments. He trusted, however, that they would be carried into effect at some future period. He was glad to find the unanimity which prevailed as to the course to be pursued by their Lordships; and he trusted that the noble Lord (Lord Redesdale) would not persist in his proposal, but take the judicious advice of the noble Earl (the Earl of Ellenborough). This Bill was not now so perfect or beneficial as it might be, still it contained many most beneficial enactments.

The EARL of DESART
expressed a hope that some arrangement would take place so as to put the privileges of both Houses on a better footing than they now were, as many of them were productive of great inconvenience.