§ House in Committee (according to Order).
§ [Lord BALFOUR of BURLEIGH in the Chair.]
§ Clauses 1 and 2 agreed to.
§ Clause 3:
§ THE EARL OF GRANARD moved two Amendments to modify the clause so as to refer to the Railway Commission for arbitration any difference between the Postmaster-General and the authority in which was vested any land dedicated to the recreation of the public with respect to the erection of telegraph wires.
§ Amendment moved—
§ "In page 2, lines 6 and 7, to leave oat the words, 'in whom such land is vested or.'"— (The Earl of Granard).
§ On Question, Amendment agreed to.
§
Amendment moved—
In page 2, line 8,"after the word 'remains' to insert the words 'Provided that if such consent is withheld or any condition is attached thereto to which the Postmaster-General objects, a difference shall be deemed to have arisen between the Postmaster-General and that person, and sections three, four, and five of the Telegraph Act, 1878, shall apply accordingly as if it were a difference arising under that Act.'"—(The Earl of Granard).
§ VISCOUNT MIDLETONsaid the question raised by the Amendment was one upon which the Post Office and the London County Council had long been at variance. The position was this. Up to the present the Postmaster-General had not had the power of carrying telegraph wires over recreation grounds or public property without the consent of the individuals in whom that property was vested. When the Bill was considered in another place this very conclusive clause was proposed and supported by the Government, and was inserted in the Bill. Under it it would be impossible for the Postmaster-General to exercise the right of carrying telegraph wires over public parks and recreation grounds without the consent of the authority in whom they were vested. The noble Lord now proposed a modification of the clause which would take the whole question out of the hands of those authorities in whom the lands were vested, and leave it to be arbitrated upon the Railway Commissioners in case of a difference. The contention of the London County Council had always been the same. They were seized by Parliament with the responsibility for a considerable number of open spaces and parks, and considering the immense number of overhead wires already in London, they maintained that these operations should be carried on underground until the suburbs were reached. They felt that it was a very strong measure to take this matter out of their hands and allow the Railway Commissioners to be the judges of the public convenience. If the noble Earl desired to persist in this Amendment, which almost negatived the whole advantage of the clause accepted by the Government in another place, he (Lord Midleton) would move to amend the Amendment by excluding from its operation parks and recreation grounds vested in a public authority. He was, however, willing to substitute in his Amendment "London County Council" for "public authority," thereby restricting to London the power of a local authority to withstand the Postmaster-General.
§
Amendment moved to the Amendment—
To insert, after the words 'Provided that,' the words in cases where such land is not vested in the London County Council,"— (Viscount Midleton).
§ THE EARL OF GRANARDfailed to see why the London County Council should have any special rights in this case. He could assure the noble Viscount that there was no intention of carrying wires across parks. The Bill only gave power in respect of land "being within twenty feet of any such street or road." The Amendment which he had moved was the outcome of a compromise in the other House.
§ *THE MARQUESS OF LANSDOWNEI understand that the noble Earl relies upon the fact that these powers only apply to telegraph lines erected within twenty feet of a road. Would he say whether, in the case of a public park, a gravel walk traversing the park would be a road within the meaning of the Bill? The noble Earl will see that a good deal depends upon that.
§ THE EARL OF GRANARDsuggested that the point should be held over for the Report Stage so that he might consider it.
§ VISCOUNT MIDLETONagreed to this course, and withdrew his Amendment to the Amendment.
§ On Question, Amendment agreed to.
§ Clause 3, as amended, agreed to.
§ Remaining Clauses agreed to.
§ Bill re-committed to the Standing Committee, and to be printed, as amended. [No. 186.]