CLAUSE 19. (Hansard, 25 July 1898)

§ THE EARL OF DUNRAVEN AND MOUNT-EARL (Lord KEKRY)
My Lords, the powers of county councils in relation to monuments were left so vague in the Bill that I thought it was desirable that some definition should be placed upon them. I therefore move my Amendment.

*THE LORD CHANCELLOR OF IRELAND
My Lords, this is a matter my noble Friend spoke to me about the other day. I am sure we all desire to encourage the preservation and protection of ancient monuments. A good deal of attention has been given to the subject since my noble Friend the Earl of Dun-raven spoke to me, and my noble Friend. Lord Clonbrock has an Amendment on the Paper which goes somewhat into detail on the matter. But I have arrived at the conclusion that neither the Amendment of the noble Earl [the Earl of Dunraven] nor the Amendment of by noble Friend Lord Clonbrock as they stand can be made to carry out what is desired. I have an Amendment here which, if added to the clause of my noble Friend Lord Clonbrock, would possibly meet the requirements, and I think the wisest course would be for me to hand 991 this Amendment to my noble Friend Lord Clonbrock, and ask him to put it down and move it on Report.

§ THE EARL or DUNRAVEN AND MOUNT-EARL
I withdraw my Amendment upon the understanding that an amended clause shall be substituted on Report.
Amendment, by leave, withdrawn.

*LORD CLONBROCK
I will accept the suggestion of my noble and learned Friend and withdraw the Amendment I had placed on the Paper, namely— Leave out clause 19, and insert the following clause— 19.—(1.) A county council may prosecute for any penalty under section six of the Ancient Monuments Protection Act, 1882. (2.) The owner of any ancient monument to which the Ancient Monuments Protection Act, 1882, applies may, by deed under his hand, constitute the county council for the county in which such monument is situate to be guardians of such monument, and thereupon the Ancient Monuments Protection Act, 1882, shall apply as if the county council were the commissioners of works, except that no money shall be paid out of moneys provided by Parliament. (3) Any person may give, devise, bequeath, or sell his interest in any ancient monument to which the said Act applies to the county council of the county in which the game is situate, and the county council may, if they think it expedient to do so, accept or purchase the same.

*VISCOUNT DE VESCI
I think a further sub-section should be added on Report to enable county councils to divest themselves of these monuments and pass them on to the Board of Works or to the National Trust, which is now in existence, and of which the Duke of Westminster is, I think, the chairman.

*THE LORD CHANCELLOR OF IRELAND
I would suggest that the noble Viscount should speak to Lord Clonbrock upon that point before the amended clause is put down.