THE SECRETARY FOR SCOTLAND (Lord BALFOUR)presented a Bill to amend the laws relating to public health in Scotland. He said that if he took the less usual course of saying a few words in regard to the main purpose and scope of the Bill upon that occasion, he could, he thought, give good reasons for doing so. This Bill was one of those that had the honour of mention in the gracious Speech from the Throne, and it had been decided to present it in the first instance, in that House, in the hope that it might have the advantage of detailed consideration at an early period of the year. It was not so likely to have that advantage if it were to be introduced in the other House of Parliament. If anyone should think that it was a subject which could be more appropriately dealt with, in the first instance, in the other House, and one requiring more prolonged consideration in that House than in this, the answer would be that by bringing the Measure in at this early period of the Session in their Lordships' House, they would be able to pass it through all its stages, having given it very full and practical consideration, and yet send it down to the other House soon after Easter, by which time it would probably only have reached the Committee stage, if introduced in that House. The noble Earl the late Prime Minister alluded to this Bill in his speech on the Address as being a very old friend. In that the noble Earl was mistaken. The Measure which he, doubtless, had in his mind was the Burgh Police and Health Act, which became law some years ago. The Bill which he now had the honour to present had only a very casual relation to that Act, and was a new Bill. The 1041 principal Act dealing with public health matters in Scotland was passed so long ago as 1867. It had been amended upon five different occasions, in 1871, 1875, 1882, 1890, and 1891. He did not wish to say a word in disparagement of that Act, for it was a Measure of great value, and the very fact that it had remained for nearly 30 years the principal Act in a matter of so much importance as public health proved how valuable it had been. But sanitary science had progressed very much during the last 30 years. Public opinion also demanded more far-reaching provisions in regard to matters of public health than were demanded 30 years ago. The English Public Health Code had been amended two or three times in recent years, and Ireland also had had the benefit of an Amending and Consolidating Act. There was a matter peculiar to Scotland, which had created a very general demand, not only for an amendment, but for a consolidation of the Public Health Laws. The Local Government Act of 1889 caused an almost complete revolution in the constitution of sanitary authorities in Scotland, and the phraseology which was appropriate before the passing of that Act was not now appropriate. He thought he might say without fear of contradiction that a desire for a general revision of the Act of 1867, and for the consolidation of the various Measures relating to public health, was practically universal among all local authorities in Scotland. This Bill was then an Amending Bill, and it had been framed in almost every important respect upon provisions which existed in some Act of Parliament in force in some part of the United Kingdom. The plan of the Government did not end by amending the law. The Government had also prepared a Measure for consolidating all the provisions of the Public Health Laws in Scotland, and it had been so prepared that it carried into effect all the provisions of this amending Bill; and the Government would be prepared to produce it as soon as they were able, judging by the kind of reception which their proposals in the amending Bill were likely to receive. The hope of the Government was that, ultimately, the Consolidation Bill might become law, so that their Lordships would have, within the 1042 four corners of a single Act, a code of Public Health Law for Scotland. One of the most important provisions of the Act of 1867 was contained in the 16th Section, which provided for the definition of a large number of nuisances which had been known as statutory nuisances, or, in other words, nuisances defined by Act of Parliament in regard to which it was sufficient merely to prove that they existed to afford a prima facie case to deal with them, and to have them removed. But the definition had been found in practice to be very defective, because the nuisances consisted only of things which were said to be "injurious" to public health. The word "injurious" had been interpreted by the Law Courts to mean only things which were proved to be absolutely a means of injury to public health. The Bill proposed to add to this definition the word "dangerous," so that matters might be dealt with which, if they had not actually caused injury, were of so serious a kind that they might reasonably be apprehended, if allowed to continue to exist, as likely to prove dangerous to health. Then the Bill proposed to go further in such matters as the protection of the public health from danger in regard to the supplies of milk. At the present time, under Acts of Parliament in existence, milk which was contaminated might be seized, but there was no power to go to the source of supply, more particularly if it lay beyond the district of the local authority in question, so that care might be taken that their supplies of milk from the contaminated place should not be sent for sale. The Government proposed to establish regulations under a series of bye-laws for regulating buildings in districts under County Councils. At the present time, there were very stringent laws in regard to all burghs in Scotland as to the width of new streets, the height of buildings which might be erected, and the sanitary provisions for those buildings; but those provisions did not exist in places where the burghal districts overlapped and passed into the counties, so that the result of the present law was that buildings were put up under a county authority, and when they had to be taken over by the burghal authority and made part of the town it was found that they were 1043 improperly constructed, and great expense was required to put them right. He thought that there was a general demand on the part of local authorities in Scotland for power to regulate the erection of those buildings at an early stage, so that the difficulties he had indicated might not subsequently arise. The Public Health Act of 1867 provided certain things, such as the provision of water supply and sewerage, for which land might be compulsorily taken. The Government proposed that, to a certain extent, those powers should be extended for some other purposes, for some of which the local authorities might at present purchase land by agreement. The provisions for putting that power into operation were carefully guarded. There would be a notice to owners, and thereafter a petition to the Secretary for Scotland, who would direct a local inquiry, and after being satisfied with the result of it he might promote a Provisional Order in Parliament giving the local authority power to acquire land. It was hoped that this would be a valuable privilege to the local authorities, because it would probably avoid the great expense in many cases of coming to Parliament for this purpose. There was a considerable code of sanitary public health law in the Burgh Police Act which was applicable only to burghs. It was not the intention of the Government to interfere with that code, and the Bill which he now presented would not supersede the law of public health in burghs at the present time. In some respects, however, it would supplement it, but it would not take the place of it. Their Lordships would recognise that things might fairly be done within the bounds of a burgh which it would not be appropriate to extend to all rural districts. He would not ask their Lordships to read the Bill the second time for at least a fortnight, in order that those interested in its provisions might have an opportunity of seeing its provisions.
§ Bill read 1a; to be read 2a on Thursday, the 12th of March next.—[No. 13.]
THE MARQUESS OF HUNTLYWhen shall we have the Bill in our hands? County Council authorities meet in Scotland next week, and it is desirable to consider the Bill in print before proceeding further.
LORD BALFOURThe Bill will be circulated on Thursday or Friday, and the Second Reading will be taken on Thursday, March 12.
THE MARQUESS OF HUNTLYI do not think there will be any opposition to the Bill, but I think there is hardly time to get the opinion of Scotland upon the Measure before that date.
§ House adjourned at Ten Minutes past Five o'clock, to Thursday next, a Quarter past Ten o'clock.