PUBLIC HEALTH (SCOTLAND) PROVISIONAL ORDER (LINLITHGOW WATER) BILL [H.L.] (Hansard, 5 July 1889)

THE EARL OF MORLEY
observed that the Bill should, according to the Sessional Order, have been read a first time on May 10. It was now July 5. The Bill was introduced into the House of Lords, and it was of great importance that the Sessional Order should be complied with, so that opponents, if there were any, could have ample opportunity of being heard. Last year two Bills, emanating from the Scotch Office, had been introduced long after the date fixed by the Sessional Order. The noble Lord the Secretary for Scotland must make out a strong case to induce the House to dispense with the Order. The Bill, he was informed, had been settled and sent to the Scotch Office on June 1, and he should he glad to know what had caused the subsequent delay. The Office must have their Bills ready in time. If they did not have them ready, it was not fair to place upon the House the responsibility for any evils which might result from the failure of the Bill to pass; whereas the responsibility rested entirely with them who had not got the Bill ready for introduction at the time fixed by the House.

THE MARQUESS OF LOTHIAN
thought it would be time for the noble Earl to repudiate responsibility when he (Lord Lothian) attempted to saddle it upon 1549 him. He was as anxious as the noble Earl that the Forms of the House should be maintained. The object of the Provisional Orders was to enable districts to put in force the provisions of the Land Clauses Acts with respect to the purchase and taking of land, and there were statutory forms which had to be gone through in this case. The question was a somewhat complicated one. There were questions of compensation for land taken, and there had been some difficulty in adjudicating. The petition had been before the Sheriff for six weeks, and he did not suppose their Lordships would consider that too long a period, In his opinion, there had been no unnecessary delay on the part of the Sheriff. As to the delay which the noble Earl suggested had taken place at the Scottish Office, the question of compensation was finally adjusted, and came before the Scottish Office on the 1st of June. On the 3rd it was referred to the Lord Advocate in order that the Provisional Order should be adjusted. On the 17th of June, the Provisional Order was received back from the Lord Advocate. On the 20th it was signed by himself (the Secretary for Scotland), and on the 1st of July it was laid upon the Table of this House, and read a first time. Owing, however, to an informant it was not entered upon the Minutes, and the Notice of Motion for the suspension of the Standing Order was given yesterday. He thought he had said enough to show that there had been no unnecessary delay in his Department. As to the necessity for passing the Provisional Order, the Board of Supervision had summoned the Local Authority of Linlithgow before the Court of Session to compel them to provide a sufficient water supply, and they had only consented to suspend further action on the understanding that the Local Authorities should apply for a Provisional Order. It was absolutely necessary, in the interests of the public health, that the water supply of Linlithgow should be improved this year, and he, therefore, hoped their Lordships would agree to the Motion.

§ EARL GRANVILLE
I think that the noble Earl is perfectly right in calling attention to this matter. As a rule, no doubt, the Standing Orders that have been passed by the House 1550 should be adhered to. It is most important that the opinion should not get abroad that it really does not signify at what date these Bills are brought up because the Standing Orders can be dispensed with. Therefore, I should be inclined on principle to vote with my noble Friend (the Earl of Morley) if he thought it necessary to go to a Division. But after the statement we have heard from the noble Lord as to the importance of this Bill, and considering that all parties concerned are in agreement in desiring it to become law, it is probable that your Lordships may consent without a Division to allowing the suspension of the Standing Order in this instance, on the very clear understanding that it is not to be taken as a precedent for the needless disregard of the Standing Orders of the House.

* THE EARL OF MORLEY
said, that after hearing the noble Lord he would not divide the House against the Bill; but the noble Lord must not take this as a precedent, and he trusted that in future years the noble Marquess would instruct the Scotch Office to have their Bills ready in proper time.