HL Deb 03 August 1897 vol 52 cc220-2

(1.) Any water consumer or any local authority may complain to the Railway and Canal Commission that any of the metropolitan water companies have failed to perform some statutory duty of the company, and the Commission may hear and determine that complaint, and if satisfied of such failure order the company within the time limited by the Order to fulfil the duty, and may either impose any penalty for such failure which can be imposed under any other Act, or enforce such Order in like manner as any other Order of the Commission.

(2.) If at any time complaint as to the quantity or quality of the water supplied by any of the metropolitan water companies for domestic use is made to the Railway and Canal Commission, by any water consumer or local authority, the Commission may hear and determine such complaint, and if satisfied that the complaint is well founded, may order the company, within such reasonable time as is specified in the Order, to remove the ground of such complaint, and may enforce such Order in like manner as any other order of the Commission.

(3.) All enactments relating to the Railway and Canal Commission (except Section two of the Railway and Canal Traffic Act 1894, winch restricts the power to award costs) shall, with the necessary modifications, apply to the Railway and Canal Commission for the purpose of their jurisdiction under this Act

(4.) This Act shall be in addition to and not in substitution for any existing proceedings or remedy.

LORD JAMES OF HEREFORD

moved to amend Sub-section (2) by giving power to the Railway and Canal Commission to award damages to the complainant in case of any complaint by a water consumer or local authority as to the quantity or quality of the water supplied for domestic purposes.

Amendment agreed to.

LORD TWEEDMOUTH

proposed to add the following new sub-section to Clause 1:— When in any quarter in which, owing to insufficiency of supply or pressure, fracture of mains, or any other cause than the default of the water consumer, water shall not have been supplied to any premises on every day in accordance with the law, the owner or occupier of such premises may complain to the Railway and Canal Commission that such deficiency of supply has occurred; and the Commission, if satisfied that the complaint is well founded, may order the company to repay to the water consumer the proportionate part of the quarter's water rate paid for the days on which the supply was insufficient. This Amendment was moved in Committee on the Bill in the other House by Mr. Lionel Holland, and though it was defeated, it received a large amount of support. It was intended to remove one of the greatest grievances from which water consumers suffered—namely, that they should have to pay rates for water which had not been supplied to them.

LORD JAMES OF HEREFORD

did not think the sub-section necessary, as the Amendment which had just been made to the clause gave power to the Commission to award damages to consumers who had not received water.

THE EARL OF KIMBERLEY

thought it was a somewhat absurd arrangement to provide that a consumer could recover damages; and at the same time have to pay rates for water he did not receive, and the non-receipt of which constituted his right to damages. He thought the Government should pluck up courage and put an end to the most monstrous and grievous injustice from which water consumers suffered—that of having to pay for water which they never received.

LORD JAMES OF HEREFORD

said that the criticism of the noble Earl applied with greater force to the Amendment, which would give no power to the consumer to recover damages but only the rates which he had paid.

Amendment negatived.

Clause 6,—