PICCADILLY, CITY, AND NORTH-EAST LONDON RAILWAY BILL [H.L.] (Hansard, 23 June 1902)

THE CHAIRMAN OFCOMMITTEES (The EARL of MORLEY)
My Lords, in moving the Third Reading of this Bill, may I be allowed to explain that, in accordance with the pledge I gave to my noble friend, Lord Camperdown, I had the Clauses that were, in regard to all these Bills, introduced in Committee printed separately, and circulated among your Lordships. Those Clauses are two in number. One refers to the damage that may be occasioned by the working of the railway, and the other is what may be called the Board of Trade Clause, which renders it necessary that the Board of Trade should approve of the permanent way, platforms, tunnels, rolling stock, lighting, ventilation, and the 1350 other equipment of the railway before works are commenced. I had the Clauses printed so that what the Committee had done with regard to those Bills should be quite clear. I desire to express my acknowledgment of the immense care and trouble which the two Committees that passed these groups of Bills took in arriving at the conclusions embodied in the Bills now before your Lordships.

THE EARL OF MORLEY
I now beg to move the Amendments that stand in my name. The Amendments are common to all the Bills on your Lordships' Notice Paper. The Board of Trade Clause, as I propose to amend it, will run as follows:— The Company shall from time to time submit for the approval of the Board of Trade plans, sections, and other details of their proposals, with respect to (a) permanent way, tunnels, platforms, stairs, lifts, and other communications; (b) rolling stock; (c) lighting; and (d) ventilation; and the railway rolling stock and other works shall be constructed, re-constructed, and maintained only in accordance with plans, sections, and other details as approved by the Board of Trade. When that Clause came out of the Committee, it occurred to some of us that, as the Clause then stood, after the Board of Trade had once approved of the construction and equipment of the railway, and had given its certificate that it was fit to be opened, its functions then ended, and that if, at any future date—say two years after—the Railway Company, for economy or other reasons, undertook to alter their equipment or 1351 permanent way, the Board of Trade would be powerless to prevent them. I communicated with the Board of Trade on the subject, and also with my noble friends, Lord Windsor and Lord Ribblesdale, who presided over the Committees to which these Bills were referred, and the result has been the Amendments which I propose in the Board of Trade Clause with the full consent and knowledge of the Board of Trade. The result of these Amendments, which are very simple, will be to insert after the word "constructed" the words "re-constructed and maintained," so that at all times the equipment, rolling stock, permanent way, platforms, and so on of the Railway will be subject to the approval of the Board of Trade. I think your Lordships will recognise that this was an omission on the part of the Committee, and that the Amendments will meet the objections which have been raised to the Clause.

THE EARL OF CAMPERDOWN
My Lords, I wish to thank our noble friend at the Table, for having placed these Clauses upon the Paper and given us an opportunity of considering them. So far as I can see, the arrangements which they propose are very fair, and give, perhaps, as much protection to individuals who may be injured by the working of any one of these underground railways as they can reasonably expect. I know how much care and attention were bestowed on these Clauses by the Committee, but I think it was very fortunate that they were laid on the Table of the House, because it thereby became apparent that, although the clauses provided for any injury that might be done by a railway company within two years after its opening, they left the railway company at liberty to do any form of injury at a subsequent date. The effect of the alterations which the noble Lord the Chairman of Committees is proposing will be that the company will have to submit from time to time any changes it may intend to make to the Board of Trade, and that the rolling stock and other works are to be constructed, re-constructed, and maintained only as approved by the Board of Trade. It appears to me that the Amendments meet the case, and I think that the noble 1352 Lord has done everything for private interests which could be reasonably expected.

LORD WINDSOR
As Chairman of one of the Committees which sat on these tube railways, I should like to say that the words which my noble friend the Chairman of Committees proposes to introduce into the Board of Trade Clause really carry out the intentions of my Committee, and I trust that the clause, as amended, will be satisfactory to all parties.

THE EARL OF MORLEY
The other Amendments proposed by the promoters, which are mentioned on your Lordships' Notice Paper, are almost entirely of a verbal character. The only one of any importance refers to a clause which deals with the case where two railways run in close proximity either above one another or alongside one another, and there was some doubt as to which of the railways was doing damage. The clause is a complicated one, and I believe even with these Amendments it cannot be regarded as satisfactory. But the Amendments do make it read consequentially, and I trust your Lordships will agree to them.