HL Deb 22 May 1900 vol 83 cc879-81

(Committee.)

House in Committee (according to order).

Clause 1:—

THE LORD CHANCELLOR (The Earl of HALSBURY)

I do not think I need trouble your Lordships by reading the new clause which I move to insert in place of Clause 1. The words are taken verbatim et literatim from the statute to which the first clause refers, but in my Amendment, Section 1 of the Ancient Monuments Protection (Ireland) Act, 1892, is set out instead of referred to.

Amendment moved.

LORD AVEBURY

I think the Amendment is a very great improvement, and I thank the noble Lord for having suggested it.

Amendment agreed to.

Clause 2 amended, and agreed to.

Clause 3 agreed to.

THE EARL OF ARRAN

Before my noble friend moves the new clause standing in his name after Clause 3, I should like to ask whether he would have any objection to inserting in his new clause after "monument"the words"of which they are the owners or guardians, and, if they are only guardians, with the consent of the owners of the monument." It has struck me that while the owner of an ancient monument may be quite ready to put that monument under the care of the Commissioners of Works he might have a very great objection, and very likely a well-founded objection, to putting it under the care of the county council, and it is to safeguard the rights of owners under these circumstances that I venture to ask my noble friend to include these; words.

THE MARQUESS OF SALISBURY

How would the noble Lord deal with a case where the owner is a boy of six?

THE EARL OF ARRAN

I suppose his guardians would act for him.

THE MARQUESS OF SALISBURY

You would have to insert some provision of that kind.

LORD AVEBURY

I do not think that in England there will be any objection to the local authority becoming the guardians of such monuments, but I wall think the matter over between now and the Report stage.

Amendment moved— After Clause 3, to insert the following new clause:—' 4. The Commissioners of Works and the council of any administrative county may in respect of any monument in the county or in any adjacent county, enter into and carry into effect any agreements for the transfer from the Commissioners of Works to-the council, or from the council to the Commissioners of Works, of such monument or of any estate or interest therein or of the guardianship thereof.' "—(Lord Avebury.)

Amendment agreed to.

Clause 4 amended and agreed to.

Clause 5:—

LORD AVEBURY

I have received a communication from Her Majesty's Government, stating that they wish to consider the wording of the Amendment I have suggested to Clause 5. Under those circumstances I will, with the consent of your Lordships, postpone it till the next stage of the Bill.

Amendment, by leave of the House, postponed.

Amendment moved— In Clause 5, page 2, line 5, at end of clause, to insert a new sub-section: (3) 'In the application of this Act to Scotland a reference to the council of any county shall be construed as a reference to any county council within the meaning of the Local Government (Scotland) Act, 1899.'" — (Lord Bulfour of Burleigh.)

Amendment agreed to.

Clause 5, as amended, agreed to.

Bill re-committed to the Standing Committee, and to be printed as amended. (No. 96.)