TRAMWAYS (IRELAND) ACTS AMENDMENT BILL. (Hansard, 6 August 1900)

§ THE EARL OF DENBIGH
My Lords, this Bill was originally introduced by a private Member in the other House, but on account of the importance of the matters at issue, it has received the sanction of the Government, and comes up to your Lordships' House with the Government's support. The object of the Bill is to amend the Tramways (Ireland) Acts, 1860 to 1896, and to assimilate legislation relating to light railways and tramways in Ireland to that already existing in England.

The CHAIRMAN of COMMITTEES (The Earl of MORLEY)
I would point out that this Bill has only just been printed, and it is quite impossible, therefore, for the House to know what is in it. I only succeeded in getting a copy a quarter of an hour before the House met do not wish to place any impediment in the way of the Bill passing, if the noble Earl assures us that there are no matters of importance involved.

The Earl of ARRAN
It is most unreasonable on the part of the Government to bring forward at the end of the session a Bill of this important character. I think it would be extremely advisable to postpone it until next session.

§ LORD ASHBOURNE
My noble friend does not indicate any particular ground of objection. The fact that the Bill comes up from the House of Commons at the end of the session cannot, I think, be urged as a reason for postponing it till another session. If there is any point my noble friend wishes to have explained I shall be glad to hear it.

THE EARL OF ARRAN
My principal objection is to Clause 3 of the Bill. Section 43 of the Tramways (Ireland) Act, 1860, prohibits a house wholly built of stone or brick with lime, or any of the outbuildings or offices thereof, or any part of any yard, haggard, orchard, or plantation attached or belonging thereto, 759 from being taken for the purpose of the undertaking without the consent in writing of the owner respectively. This clause will repeal that portion of Section 43 if an Order in Council is obtained to prevent it so applying. I think this is a very important point.

§ LORD ASHBOURNE
Clause 3 of this Bill has to be read in connection with the provision in the existing legislation which it seeks to amend. Section 43 of the Tramways (Ireland) Act, 1860, provides that— Nothing in this Act, or in any Order under it, shall be deemed to authorise to be taken for the purposes of the undertaking any mansion honse, or house wholly built of stone or brick, with lime, or any of the outbuildings or offices thereof, or any part of any yard, haggard, garden, orchard, or plantation attached or belonging thereto, or any part of any deer park or other park or demesne, or planted or ornamental walk, drive, approach, or avenue, or of any ground ornamentally planted, or of any lawn or bleach green, without the consent in writing of the owner thereof respectively, although the same may lie within such distance as in the last preceding section is mentioned. Clause 3 of the Bill now before your Lordships is as follows— Any Order in Council under the Tramways (Ireland) Acts, 1860 to 1S96, may provide that so much of Section 43 of the Tramways (Ireland) Act, 1860, as prohibits a house wholly built of stone or brick with lime, or any of the outbuildings or offices thereof, or any part of any yard, haggard, orchard, or plantation attached to or belonging thereto, from being taken for the purpose of the undertaking without the consent in writing of the owner respectively, shall not apply to the tramway authorised by the Order. This clause does not authorise to be taken for the purposes of the undertaking any mansion house, or any part of any deer park or other park or demesne, or planted or ornamental walk, drive, approach, or avenue, or of any ground ornamentally planted, or of any lawn or bleach green without the consent in writing of the owner respectively. These are all left untouched, and cannot be meddled with without the sanction of the owner. Your Lordships will at once appreciate the wide distinction. This Bill deals with matters which are obviously of much smaller importance, and the Privy Council, before whom the spplication will come, will closely examine the evidence with an earnest desire to do only that which is just and fair.

THE EARL OF ARRAN
But Clause 3 gives power to the promoters of a tramway under the Bill to take a plantation attached to a house without the sanction of the owner.

§ LORD ASHBOURNE
I would point out that, as all schemes must be sanctioned, by the Privy Council, the rights of the owners are safeguarded.

THE EARL OF ARRAN
I do not think the explanation of my noble and learned: friend is sufficient——

§ THE EARL OF HALSBURY
I am afraid I must interpose. This is the Second Reading of the Bill, and the noble Lord has made three speeches.

THE EARL OF ARRAN
With the permission of your Lordships I will move to amend the clause by striking out the words "or plantation attached to or belonging thereto."

§ THE MARQUESS OF LANSDOWNE
I take it that, as the law now stands, any person owning a plantation, haggard, or orchard has the right, before that plantation or any part of it can be taken for the purpose of constructing a tramway, of being fully heard before the Privy Council. If he is dissatisfied he has an appeal from the decision of the Privy Council. The Amendment which my noble friend proposes would, as I understand it, have this result: that anyone owning a tiny corner of a plantation, with half a dozen stunted trees upon it, could absolutely put a stop to a useful tramway scheme by withholding his consent in writing to the scheme. That is an exaggerated precaution. I think those 761 whose interest the noble Earl has at heart are amply protected by the law as it stands.

THE EARL OF ARRAN
The case instanced by the noble Marquess is an extreme one, and one not likely to occur. I have in my mind a long public road, fringed with plantations, which is too narrow to allow of a tramway being constructed. Under the clause the whole four or five miles of plantation running along the road might be destroyed for the purpose of the tramway.

§ LORD ASHBOURNE
Such a case would come under that part of Section 43 which is left untouched.

THE EARL OF ARRAN
I understand that would be so in the case of a plantation within a demesne, but a plantation outside a demesne would, I think, be affected by this clause.