HL Deb 04 July 1893 vol 14 cc792-3

Read 3a (according to Order) with the Amendments.

LORD MONKSWELL

said, he had some Amendments to propose, in reference to the introduction of the term "nuisance," which, being unknown as a legal term in Scotland, had necessitated a definition. He had consulted the Scotch Office in the matter, and he saw no other way out of the difficulty.

THE LORD CHANCELLOR

That difficulty was not pointed out at the time the change was made in the Bill. I cannot help thinking it would have been much better to have adopted an expression which would have applied to all three countries.

LORD MONKSWELL

said, the difficulty in doing that was that it would reverse the deliberate decision of the House. Lord Balfour having pointed out the difficulty as regarded Scotland, they had referred to the Scotch Office on the matter.

THE LORD CHANCELLOR

I do not, of course, wish to press the matter; but, as to reversing what was done on Report, if on consideration of new circumstances on Third Reading the House considered this the better course, it became a question only of what it was wiser and better to do. The noble and learned Lord my predecessor in office thought it better to simply leave the word "nuisance" generally; but now it appears you have to define it as regards Scotland, where it would, of itself, have no meaning. But, as we want the law to be the same throughout the Kingdom, had we not better leave it to be interpreted in England, and for Scotland put in these words as a definition of "nuisance "which will be applicable to all three countries?

THE EARL OF BELMORE

said, in the Public Health Act of 1878 a definition of "nuisance" was given in reference to sanitary matters which would not apply to this Bill. It was, therefore, desirable to have the definition for Ireland also.

LORD MONKSWELL

moved the Amendments.

Amendment moved, In Clause 2, page 1, line 19, after ("Sheriff Substitute") to insert ("and the expression 'nuisance to a highway' as applied to barbed wire means barbed wire dangerous to persons or animals lawfully using a highway").—(The Lord Monkswell.)

Further Debate adjourned to Tuesday next.