HOUSING OF THE WORKING CLASSES (IRELAND) BILL. (Hansard, 18 November 1908)

§ LORD ASHBOURNE
asked whether the Amendment which he proposed to move would not come before this one.

LORD DENMAN
No.

§ THE LORD CHANCELLOR (Lord LOREBURN)
pointed out that the noble I and learned Lord had no Amendment on the Paper, and said he had no knowledge of any Amendments to be moved except those on the Paper. It would be convenient, if there were any Amendments not on the Paper, that they should be handed to him.

§ LORD ATKINSON
thought Lord Denman had better also include in his Amendment Sections 69 and 70 of the Lands Clauses Consolidation Act, 1845. Under those sections, when the compensation exceeded £20 and did not exceed £200 certain things had to be done; when it did not exceed £20, that sum might be paid to the person in receipt of the rents and profits of the land for the time being and applied to his own purpose. Section 71 provided that when money paid into court exceeded £20, certain things were to be done. He took it that the object of the noble Lord in charge of the Bill was to substitute £100 for £20 in each of those sections, and to secure that when the sum did not exceed £100 the money might be paid over to 1194 the person entitled to the rents and profits of the lands in respect of which such money had been paid. The sections of the Act of 1845 would be made ridiculous if £100 was substituted for £20 in two sections only. The clause in the Bill provided that Section 72 of the Lands Clauses Consolidation Act, 1845, should have effect as if £100 were substituted therein for £20; but, as a matter of fact, the words "twenty pounds" did not occur at all in Section 72. The three sections, therefore, which ought to be changed were Sections 69, 70, and 71, by substituting £100 for £20 in each case where the latter sum was mentioned.

LORD DENMAN
thanked the noble and learned Lord for calling attention to this matter. He naturally bowed to the noble and learned Lord's opinion, and as it appeared necessary to mention the two previous sections of the Act of 1845 he would, with the leave of the House, alter his Amendment so as to insert "Sections 69, 70, 71, and."

§ THE LORD CHANCELLOR
said Lord Atkinson had pointed out that the section mentioned in Clause 11 was erroneously mentioned, and that, instead of one, three sections should be mentioned. If that were so, there had been some blunder in the printing or some oversight, and he felt considerable difficulty as to how far this matter could be corrected at this stage, as the proposed Amendments were not upon the Paper. As he understood, his noble and learned friend had an Amendment designed to carry out the purpose which was common, he thought, to both sides of the House, but it was not on the Paper.

§ LORD ATKINSON
said he had, on the Paper, an Amendment to the same clause to insert this proviso— Provided that the sums paid under the provisions of Section 72 of the first-mentioned statute by any particular local authority in respect of any interest in land taken under any scheme or schemes to a person or persons not absolutely entitled to the interest purchased shall not exceed in the aggregate three hundred pounds. It would be necessary, however, to change the section in this proviso in accordance with his previous observations.

§ LORD ASHBOURNE
said he had not looked up the sections of the Lands Clauses Consolidation Act himself, but had no doubt that his noble and learned friend Lord Atkinson had correctly indicated the way in which the sections ran. The Amendment which he (Lord Ashbourne) sought to insert in Clause 11, and which he had handed to the Lord Chancellor, was to substitute £60 for £100. Whether this could be done after Third Reading, the Amendments now being discussed not being on the Paper, was another matter. The House was extremely jealous on this point. Great freedom was allowed in Committee and a substantial amount of freedom on Report, but he believed it was the rule of the House that no Amendment not on the Paper should be moved after Third Reading. In these circumstances, would it not be better to let the matter stand over till another day, when the Amendments could be placed on the Paper and inserted in a regular form?

LORD DENMAN
expressed willingness to adopt the course which the noble and learned Lord had suggested.

§ THE LORD CHANCELLOR
asked whether, the debate on the Amendment to Clause 11 having been adjourned, the House would take the other Amendment on the Paper in the name of Lord Donoughmore.

THE EARL OF DONOUGHMORE
was proceeding to move the insertion, after Clause 17, of a new clause providing that the Bill should not apply to any town, the population of which at the last census was less than 2,000, when—

§ * THE EARL OF CREWE
I am reluctant to interfere, but my impression is that the course which has been suggested is a very unusual one. I cannot recall any precedent for adjourning the consideration of a particular clause and immediately taking another. It is sometimes moved that a particular clause be 1196 taken last. I fancy that course might have been taken, but I have never known it done except in Committee.

§ * THE MARQUESS OF LANSDOWNE
Would not the simpler and more obvious course be to adjourn the discussion altogether?