SECOND READING. (Hansard, 30 May 1870)

THE EARL OF KIMBERLEY
, in moving that the Bill be now read the second time, said, that the Government, in fulfilment of a pledge given by them early in the Session, had introduced a Bill in the other House to regulate the terms on which permission should be given for the laying down of tramways; the Bill had been referred to a Select Committee, and the result of their deliberations was embodied in the measure now lying on their Lordships' Table. The Bill was one of considerable detail; but the House no doubt would feel it to be desirable that if, as seemed likely, these tramways were to be extensively constructed in England, they should be governed by some general system, and not armed with powers which were often granted very much at hap-hazard, notwithstanding the great care and attention bestowed by Committees upon the applications which came before them. The Bill consisted of three parts. Of these, the first related to Provisional Orders authorizing the construction of tramways; the second, to the mode of constructing tramways; and the third embodied general provisions regarding carriages, the licensing or purchasing of tramways, power to make by-laws, &c. These Provisional Orders might be applied for either by the local authority of any district, or by any person or corporation with the consent of the local authority. These Provisional Orders were to be dealt with very much in the same manner as those relating to railways, piers, and harbours. When sanctioned by the Board of Trade, they would be brought before Parliament in a Bill, and those who objected to the scheme would therefore have the opportunity of stating their objections before Committees of both Houses. The most important clauses were those which related to the consent and proceedings of local authorities. It was provided, in the first place, that local authorities might themselves apply for a Provisional Order to authorize 1591 the construction of a tramway. It was not intended under the Bill that the local authorities should work the tramways; but they might get authority to construct tramways and then lease them to a company, or they might leave the public the use of the tramways, receiving tolls for the user; but they were not themselves to run carriages and take fares or tolls. If the local authority did not apply for a Provisional Order, any person or company might come forward and obtain it, subject to a power of compulsory purchase by the local authority at the end of 21 years, on the basis of the actual value of the line. As to the provisions for construction of the lines he would not enter into detail. The other provisions of the Bill related to various safeguards which were proposed as to the making of the way, the use of roads by the tramway company, and the repair of roads on both sides of the tramway, interference with gas or water-pipes, &c. The manner in which the tramways were proposed to be laid would entirely obviate the objections urged to Mr. Train's plan. It was exceedingly probable that these tramways would be very extensively used; and, if constructed under proper limitations, he believed they would be a great advantage to the public. They would relieve the general traffic and, at the same time, being under the control of the local authorities, would be of great public advantage. In Committee he should be glad to avail himself of any amendment that might be suggested.

§ THE MARQUESS OF SALISBURY
hoped the Bill would be referred to a Select Committee.

§ LORD REDESDALE
was very glad that a general Bill upon this subject had been introduced, following the suggestion he made at the commencement of the Session. The Bill, no doubt, had been prepared with care, and it had gone through a Select Committee of the other House. At the same time, he must say it had gone through that Select Committee rather hastily; and, certainly, it was rather imperfect in its details at present. The noble Earl had stated that the proceedings before the Board of Trade would be similar to those taken in the case of railways, piers, and harbours. 1592 But in the case of railways the consent was required of all parties whose land was taken; but in the case of tramways all that was required was the consent of the local authority. There certainly ought to be some approval on the part of the occupiers of the houses in the streets through which the tramways passed; it should be provided that they should be laid along the centre of the street, otherwise it would affect the property more on one side than the other—generally, there ought to be more provision for the approval of persons interested than that of the local authority before tramways were authorized, the more so as the local authority of many towns might be governed by persons having a personal interest in their construction. There was no provision for the incorporation of the tramway company under the Companies Clauses Act. No concession, he thought, should be made for more than 50 years; a tramway consisted of nothing more than the cost of laying the rails; and as that original outlay must have been amply recouped by a user of 50 years, he thought that at the expiration of that time the tramways should lapse to the local authority. The Bill gave the option to the local authority to purchase the concern at the end of 21 years; but Clause 39 was rather ambiguous. He thought it desirable that the Bill should be sent to a Select Committee.

THE EARL OF KIMBERLEY
had no objection to refer the Bill to a Select Committee, as it was almost impossible to discuss it clause by clause in the House.

Ld. Privy Seal.	V. Eversley.
D. Cleveland.	Ld. Steward.
M. Salisbury.	L. Saltoun.
E. Kellie.	L. Redesdale.
E. Airlie.	L. Silchester.
E. Graham.	L. Belper.
E. Cadogan.	L. Lyveden.
E. Morley.