Lords Sitting of 1 June 1911

GAS AND WATER ORDERS CONFIRMATION BILL. [H.L.]
Committed: The Committee to be proposed by the Committee of Selection in regard to the Guisborough Water Order.
ELECTRIC LIGHTING PROVISIONAL ORDERS (NO.2) BILL. [H.L.]
Committed: The Committee to be proposed by the Committee of Selection in regard to the Macclesfield Order and the Pateley Bridge Order.
BRISTOL TRAMWAYS BILL.
Brought from the Commons; read 1a, and referred to the Examiners.
TAMWORTH GAS BILL.
Returned from the Commons, with the Amendments, agreed to.

COMMONS ACT, 1876 (WINTON AND KABER COMMONS, WESTMORELAND).
Special Report by the Board of Agriculture and Fisheries upon modification of a Provisional Order for the regulation of Winton Fell, Kaber Fell, Kaber Rigg, Kaber Green, Winton Cow Close, Winton Longrigg, Hunger Rigg, Winton Green, and Fell Lane, in the parishes of Winton, Kaber, and Hartly, in the county of Westmoreland, and the parish of Muker, in the North Riding of the county of York.
Laid before the House (pursuant to Act), and ordered to lie on the Table.

GAS AND WATER WORKS FACILITIES ACT, 1870.
Report by the Board of Trade as to the grounds for dispensing with the consent of the Cannock Urban District Council, the Cannock Rural District Council, the Hatherton and Shareshill Parish Councils, and the parish meetings of the townships

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of Huntington and Saredon in the case of the Cannock Gas Provisional Order.
Laid before the House (pursuant to Act), and ordered to lie on the Table.

HORNSEA URBAN DISTRICT COUNCIL BILL.
The King's consent signified, and Bill reported, with Amendments.
THORNEY DRAINAGE BILL. [H.L.]
Reported, with Amendments.
MERTHYR TYDFIL CORPORATIONWATER BILL. [H.L.]
Reported from the Select Committee, with Amendments.
ABERDARE URBAN DISTRICT COUNCIL BILL. [H.L.]
Reported from the Select Committee with Amendments.
SOUTHAMPTON HARBOUR BILL.
The King's consent signified, and Bill reported from the Select Committee, with Amendments.
MANCHESTER CORPORATION BILL. [H.L.]
Reported from the Select Committee, with Amendments.
PAIGNTON URBAN DISTRICT COUNCIL BILL.
Reported from the Select Committee, with Amendments.
DOVER GRAVING DOCK BILL.
  MILFORD DOCKS BILL.
  Read 2a, and committed.
CHAMBERS INSTITUTION PEEBLES ORDER CONFIRMATION BILL. [H.L.]
A Bill to confirm a Provisional Order relating to Chambers Institution, Peebles—Was presented by the Earl Beauchamp (for the Lord Pentland): Read 1a; to be printed; and (pursuant to the Private Legislation Procedure (Scotland) Act, 1899, section 7), deemed to have been read 2a, and reported from the Committee. (No. 96.)

ELECTRIC LIGHTING PROVISIONAL ORDERS (No. 2) BILL. [H.L.]
(Macclesfield and Pately Bridge Orders.)
Report from the Committee of Selection that the Five Lords appointed a Select Committee on the Macclesfield and District Railless Traction and Electricity Supply Bill [H.L.] do form the Select Committee for the consideration of the Electric Lighting Provisional Orders (No.2) Bill [H.L.]—(Macclesfield and Pateley Bridge Orders); read, and agreed to: All petitions referred to the Committee, with leave to the Petitioners praying to be heard by Counsel against the Bill to be heard as desired, as also Counsel for the Bill.

BUSINESS OF THE HOUSE.
Standing Order No. XXXIX considered (according to order), and suspended for this day' sitting.
EDUCATION BOARD PROVISIONAL ORDERS CONFIRMATION (DURHAM, &c.) BILL. [H.L.]
Read 3a (according to order), and passed, and sent to the Commons.

AERIAL NAVIGATION BILL.
[SECOND READING.]
Order of the Day for the Second Reading read.
LORD HERSCHELL: My Lords, the measure which I have to introduce to your Lordships this afternoon is one which will, I feel sure, commend itself to the House in general; but before stating what are the provisions of the Bill I should like very briefly to outline the steps that have led up to its introduction. Attention was first called to the danger which might be caused to crowds by aeroplanes on the occasion of the. University Boat Race this year, when several aeroplanes manoeuvred over the heads of the crowd in such a way that the spectators could see that dangerous results would follow should an accident occur. Further attention was called to the matter by the flying at Hendon Aerodrome on May 12, when one or two aeronauts performed flights over the heads of the spectators, with great skill, it is true, but

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at the same time in a way which was rather suggestive of danger.
Not unnaturally the question then arose as to what would happen if similar flights were performed on the occasion of the Coronation, and probably in consequence of this on May 18 the Royal Aero Club issued a notice warning aviators against performing flights during the Coronation over the route of the Procession, and also stating that any aviator who did so would have his certificate suspended. But, as a matter of fact, previous to this the Chief Commissioner of Police had already represented to the Home Secretary that in his opinion serious danger might arise if such flights were permitted, and he had even suggested that legislation might be introduced with a view to preventing them. The matter was therefore already fully under consideration when on May 21 there occurred that terrible disaster which I am sure must have filled the minds of all the members of your Lordships' House with horror and with feelings of the deepest sympathy for the French people in the loss which they sustained. I allude to the deplorable accident at Issy-les-Moulineaux. The Secretary of State then, though he recognised that the action which had been taken by the Royal Aero Club would in all probability prove effective in so far as the Coronation is concerned, came to the conclusion that in view of the serious danger it was incumbent upon him to apply to Parliament for powers which he could use effectively, not only on the occasion of the Coronation but also on other similar occasions. He therefore gave instructions for the drafting of this Bill, which has already passed the House of Commons.
In the original Bill as it was introduced in the House of Commons there was a clause proposing penalties upon any one who navigates an air craft recklessly or negligently or to the danger of the public, this, of course, being based upon Section 1 of the Motor Car Act of 1903. However, very strong representations were made, on behalf of the Royal Aero Club and of the Aerial Defence Committee, to the effect that the clause was very vague and that in their opinion it would tend seriously to impede the progress of the study of aerial navigation. Consequently the Home Secretary decided to omit the clause and to rely wholly upon the powers which now appear
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in Clause 1 of the Bill as amended. This clause gives the Secretary of State power from time to time to forbid the navigation of air craft over particular areas where special danger would be deemed to be caused. The penalties, which were originally two years imprisonment and a fine of £500, have been reduced, but they are still severe—namely, a term of imprisonment not exceeding six months and a fine of £200. The procedure under the Bill may be summary or on indictment, but it is in either case in the option of the persons prosecuted to claim trial by jury should they so desire, and, further, all convictions, whether the punishment is by fine or by imprisonment, are subject to appeal. These, my Lords, are the provisions of the Bill, and in this form it passed the House of Commons with the assent of the representatives of the Royal Aero Club and the Aerial Defence Committee.
At the same time I am authorised to give the strongest possible assurances that His Majesty's Government have not the slightest desire to impede the study and progress of aerial navigation. On the contrary, they are anxious to promote it; but it is really in the interests no less of the aviators themselves than of the general public that some efficient means should be found of preventing the possibility of the occurrence of some grave disaster, which might, and probably would, turn public opinion entirely against aviation and aviators. The suggestion was made that the Bill should be limited in time, but this the Home Secretary felt bound to refuse, and the representatives of aviation whom I have mentioned acquiesced in his decision. At the same time he gave a definite assurance that a fuller and more complete measure dealing with the whole subject of aerial navigation would be introduced and passed as soon as possible. A Bill on the subject is, indeed, actually in draft, and will be brought in as soon as the state of public business permits.
The present measure, therefore, is only an interim one, though it is not possible to state now when the more complete Bill can be produced. I hope that the few remarks I have made have been sufficient to show, in the first place, the necessity for the introduction of some measure of this sort, and, secondly, that, the Government are in no way actuated by any hostile

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feelings towards aviation and aviators. I therefore trust your Lordships will see your way to allow the Bill to be passed through all its stages this afternoon, with a view to its being placed on the Statute Book with the least possible delay. I beg to move that the Bill be now read a second time.
Moved, That the Bill be now read 2a.—(Lord Herschell.)
THE EARL OF HALSBURY: My Lords, I only wish to say that this seems to me a very proper measure of precaution.
On Question, Bill read 2a: Committee negatived: Then (Standing Order No. XXXIX having been suspended), Bill read 3a and passed.

HOUSE OF LORDS OFFICES.
Order of the Day for the consideration of the Second Report from the Select Committee, read.
THE CHAIRMAN OF COMMITTES (THE EARL OF DONOUGHMORE): My Lords, I think that this Report explains itself. The two matters concerned are very fully set out, and unless any of your Lordships desire that I should answer questions upon them I will content myself by formally moving that the Report be agreed to.
Moved, That the Report be agreed to.—(The Earl of Donoughmore.)
On Question, Report agreed to.
House adjourned at a quarter before Five o'clock till To-morrow, half-past Ten o'clock.