THIRD READING. (Hansard, 7 August 1894)

THE CHAIRMAN OF COMMITTEES (The Earl of MORLEY)
My Lords, I have to move a series of Amendments on this Bill, the majority of which are merely with the view of bringing it into better shape. The important Amendment which I have to move is in that portion of what may be called the Betterment Clause, which refers to the compulsory purchase of lands if owners or lessees do not agree with the assessment of the Local Authority. My Lords, I wish to explain to the House that I have no responsibility for this clause whatever, and that my intervention is really to render the clause more intelligible and better in working. As the clause came from the Select Committee there were certain points in it which would have been difficult to work, and which might have been the cause of some obstruction and mischief. My Lords, I have now to move an Amendment which will, I think, simplify that matter; but I do not wish it to be understood that I make myself responsible for the principle or policy of the clause, on which I desire to express no opinion. My Lords, as I do not think that these Amendments will be likely to meet with objection either from the House or from the promoters, I will move them en bloc. They are all on Clause 36 of the Bill.

THE LORD PRIVY SEAL (Lord TWEEDMOUTH)
My Lords, this new clause which has come down from the Committee upstairs is at once very long and very important, comprising 20 sections and 10 pages. It is a very important one also, because by agreeing to it your Lordships will give your assent to that much-vexed question of betterment. But, my Lords, this clause as it 230 came down from the Committee seems to me to be by no means on all-fours with the recommendations of your Lordships' Committee. Then the noble Lord the Chairman has proposed various Amendments to it. Those Amendments also are of considerable importance, and I must say they have a very mitigating effect on what I believe to be some of the worst errors of the clause as it came before the Committee. I think, my Lords, I should have been justified in asking that the consideration of this clause with these Amendments should have been postponed to some other day when there would be a better attendance of your Lordships to consider them, and when there would have been a longer period for the persons taking an interest in this question to consider the Amendments proposed by the noble Lord the Chairman, because, after all, we only had these Amendments before us for the first time this morning. But, my Lords, I do not desire to in any way act the part of a captious critic, nor do I desire, considering the period of the Session, to put any difficulties in the way of the progress of this Bill. I am anxious only to say that in my humble judgment the conditions imposed in this clause upon the carrying into practice the principle of betterment which your Lordships hereby assent to are so onerous that they will practically render carrying into effect your Lordships' decision impossible. I do not believe that any Local Authority with these conditions imposed upon it at all likely to take up the question of betterment, and to endeavour to enforce it. But, my Lords, that only applies to an opinion of my own, and it is not for me, therefore, to say more to your Lordships upon that question. That is a matter for the Local Authorities who have to carry the principles of betterment into practice. What I want to do to-day is merely to enter a caveat against it being supposed that I, and those who think with me in assenting to this Third Reading with these Amendments, agree to the conditions imposed by this clause. I also wish on behalf of the Local Authorities, and on behalf of the London County Council, to say that they reserve to themselves the fullest power of dealing with this question and of discussing it again when it comes up in another place, and that it must not be 231 supposed that because the Third Reading is assented to here to-day that they are thereby debarred from further opposing it when it gets back to the other House. I do not know what course they have determined upon, but they hold that they will be wanting in no courtesy to this House, nor in regard to following the usual forms of procedure in raising this question. With that caveat, my Lords, I beg to give my assent to the Third Reading of this Bill.

THE EARL OF MORLEY
My Lords, I think it would have been well if the noble Lord had pointed out in what respect the Bill goes beyond the recommendations of the Committee to which your Lordships assented not long ago, and of which the noble Lord was a Member. Having gone carefully through the Bill, both before and since the Committee sat, I must say that it seems to me it does carry out entirely the recommendations of the Committee, of which, as I have said, the noble Lord himself was a Member.

LORD TWEEDMOUTH
I most particularly referred to the clause as it came from the Committee, and I said that I thought the Amendments proposed by the noble Lord the Chairman had a very mitigating effect upon and greatly improved the clause. It is only on small points now, perhaps, that the clause cannot be brought within the recommendations of the Committee; but I meant to make myself perfectly clear that the clause as it came from the Select Committee did fail, in my opinion, to comply with the conclusions of the Report of the Committee.

§ THE DUKE OF RUTLAND
While the noble Lord is explaining his views to the House, perhaps he would not object to explain what he meant by saying that he was speaking on behalf of the Local Authorities and of the London County Council. I can understand his speaking on behalf of the London County Council, but will he have the goodness to tell us what are the other Local Authorities of which he was speaking?

LORD TWEEDMOUTH
There are no other Local Authorities concerned in this particular Bill. I was only entering a caveat in reference to other Local Authorities with regard to other Bills containing betterment clauses similar to this Bill.

§ THE DUKE OF RUTLAND
Then in that case it will be competent to the Local Authorities to say they object.

LORD TWEEDMOUTH
I am not now speaking as the mouthpiece of any Local Authority. I am merely entering a caveat on my own account to guard against the idea being entertained on the part of noble Lords who might suppose we ought to consider ourselves bound by the conditions which are imposed by this clause.