Lords Sitting of 7 July 1864

MINUTES.
PUBLIC BILLS—First Reading— Drainage and Improvement of Lands (Ireland)* (No. 189); Local Government Act (1858) Amendment* (No. 190); India Office* (No. 191).
Second Reading—Life Annuities and Life Assurances* (No. 116); Factory Acts Extension* (No. 176); Railway Construction Facilities (No. 160), and Railway Companies Powers* (No. 121), and referred to same Select Committee; Lunacy (Scotland)* (No. 172); Burials Registration* (No. 144).
Committee—Civil Bill Courts (Ireland)* (No. 67); Salmon Fisheries (Scotland) Acts Amendment* (No. 167).
Report—Facilities for Divine Service in Collegiate Schools* (No. 183).
Select Committee—Local Government Supplemental (No. 2)*(No. 174), referred.
Third Reading—Clerks of the Peace Removal* (No. 179); Greek Loan* (No. 171); Pilotage Order Confirmation* (No. 180).

RAILWAY CONSTRUCTION FACILITIES BILL—(No. 160.)

  SECOND READING.
  Order of the Day for the Second Reading read.
  LORD STANLEY OF ALDERLEYsaid, that the Bill had been brought into the House of Commons on the recommendation of a Select Committee. It proposed to give power to the Board of Trade in cases where parties wished to make a railway through lands about which the promoters and the landowners had come to terms, to issue a certificate, which would be laid upon the table of the House of Commons, and, if not objected to, would become law. It would be open to Railway and Canal Companies to object to the certificate, and if they did so, the Bill would then come before Parliament in the usual way.
  Moved, That the Bill be now read 2a.
  THE DUKE OF BUCKINGHAM AND CHANDOSsaid, he could not approve of the principle of the Bill. If it passed into law, the power of landowners to object to a Bill for the construction of a railway would be limited. He objected to the Bill because it appeared to him most objectionable to set up the principle of handing over to a Department of the Government a legislative jurisdiction which appeared to him could only be properly exercised by Parliament itself; and he moreover objected to the power given to the Board of Trade of fixing and altering tolls, and other powers placed in their hands by the Bill,
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  He begged to move that the Bill be read a second time that day three months.
  Amendment moved, to leave out ("now") and insert ("this Day Six Months").
  LORD STANLEY OF ALDERLEYsaid, the Bill had passed through the other House without any opposition. The only power given in the Bill could only come into operation under special circumstances— namely, where the landowners wished to have a railway through their lands, and a company was ready to construct it. It could only take effect where all the parties were agreed; and he trusted the noble Duke would hesitate before he placed any obstacles in the way of such a useful measure. The noble Duke might perhaps allow the Bill to be read a second time, and give an opportunity for a discussion when a larger number of Peers were present.
  LORD REDESDALEexpressed a wish that the noble Duke would not press his Motion in that state of the House. The step which he had taken would enable him to avail himself of his opposition at any future stage of the Bill. There was much in the measure which required consideration, and he thought it ought to be referred to a Select Cammittee. With regard to the schedule of tolls, he (Lord Redesdale) thought that they should be introduced in a general Bill, and not one of this nature, for there ought not to be a discretionary power given to the Board of Trade.
  LORD STANLEY OF ALDERLEYsaid, that if the Bill were referred to a Select Committee, it could be disposed of at one sitting.
  Amendment (by Leave of the House) withdrawn: then the original Motion was agreed to: Bill read 2a accordingly, and referred to a Select Committee.
  And on Friday the 8th inst., Committee nominated as follows;
  D. Devonshire, D. Buckingham and Chandos, E. Devon, E. Romney, E. Grey, E. Stradbroke, V. Hutchinson, L. Camoys, L. Wodehouse, L. Redesdale, L. Stanley of Alderley, L. Belper, L. Lyveden, L. Taunton.

RAILWAY COMPANIES POWERS BILL.
Bill read 2a (according to Order); and referred to the same Select Committee.
House adjourned at a quarter-past Eight o'clock, till To-morrow, half-past Ten o'clock.