HL Deb 01 August 1872 vol 213 cc215-7
THE ARCHBISHOP OF CANTERBURY

said, he wished to ask a Question of the noble Earl the Under Secretary for the Home Department, in reference to a matter which he had made a subject of inquiry on a former occasion. Since that occasion a Question had been asked of the Home Secretary, in "another place;" but he confessed that he thought some more information was still required, notwithstanding what had been said on the matter in the House of Commons. The evil complained of was, that certain potteries on the other side of the water emitted smoke which contained muriatic acid. This acid was very destructive to the stone of the buildings contiguous to the potteries, and many medical authorities were of opinion that it was very prejudicial to health. He understood, in fact, from the scientific examination which had taken place, that there was no doubt that the stone in Lambeth Palace had been seriously injured by the discharge of that muriatic acid. He, therefore, wished to know whether the Secretary of State had taken any steps to remove that nuisance? There were two Nuisance Acts. The first exempted from the operation of the Act such manufactories as those to which he had alluded, but the second distinctly and by name introduced these manufactories into the Act. It therefore seemed to follow that there would be no difficulty in the Secretary of State proceeding against those who were the cause of that destruction of property. But in the reports which he had seen a distinction was drawn between the smoke and the muriatic acid which the smoke contained. Now, the smoke contained the evil, and if the smoke was suppressed the evil would be suppressed also. It was therefore very unsatisfactory to be told that the parties who created the invisible agent might be proceeded against by action at law; but it was not the invisible agent that was so much complained of as the smoke which contained the muriatic acid, and that smoke might be stopped by the Secretary of State. He had presented a memorial on the subject, which was signed by several medical gentlemen, by an eminent solicitor, by several influential clergymen, and by a number of the inhabitants. No reply to that memorial had been received through him; but he understood the memorial itself had been referred to the Local Board of Health, by which it had been sent to the Vestry. He wished to ask the noble Earl, Whether any answer had been returned to the memorial, and whether any steps had been taken in this instance by the Home Office to put in force the Smoke Nuisance Act?

THE EARL OF MORLEY

said, in reply, that an answer had been returned to the memorial. Two distinct Departments were concerned in the question raised by the most rev. Primate. Under the Smoke Nuisance Acts it was the province of the Home Secretary to proceed, and in this case he had given special directions that all the necessary measures should be taken for giving effect to those Acts. As regards the emission of muriatic acid gas from the potteries, however, which was the more serious part of the complaint, the most rev. Primate was no doubt aware that the powers in respect to cases of this kind formerly possessed by the Home Secretary under the Local Government Act and the Sanitary Act, were last year transferred to the Local Government Board. The Local Government Board, accordingly, had communicated with the Lambeth Vestry, and had inquired what steps they intended to take in the matter. The Vestry stated that they had under consideration a report by their medical officer, as to the injury to health done by the emission of muriatic acid. No answer had, however, been received from them as to whether they contemplated taking any, and if so, what steps. Until the Vestry had come to a decision, nothing could be done, because the Local Government Board could not interfere unless and until the local authority failed to do their duty in respect to any nuisance injurious to health. As to injuries to property, it rested with individuals to have recourse to the ordinary Courts of Law.