§ Amendments reported (according to Order).
§
THE PRESIDENT OF THE BOARD OF AGRICULTURE AND FISHERIES (LORD LEE OF FAREHAM) moved, after subsection (1) of Clause 5, to insert the following new subsections—
(2) A local authority in the exercise of its powers under this section, shall as far as possible, take or secure collective action for the destruction of rats or mice.
(3) The powers of a local authority under this Act may be exercised by any committee of the local authority to which the exercise of those powers may be delegated.
The noble Lord also moved, after Clause 7, to insert the following new subsection—
(2) In any proceedings under this Act a notice purporting to be signed by the clerk of a local authority shall, unless the contrary is proved, be deemed to have been signed by the clerk with the authority of the local authority.
The noble Lord said: These Amendments are put down to meet the representations made by my noble friend Lord Bledisloe during the Committee stage, and I think they carry out the pledge which I made to your Lordships on that occasion. I do not think they require any explanation. With regard to subsection (3) in the first Amendment, this authorises the County Committee to delegate its powers to one of the sub-committees which will be set up under the Agriculture (Councils, etc.) Bill. I thought on the whole it was better that this should be done, as it will conduce to prompt and effective action.
§
Amendments moved—
Clause 5, page 3, after subsection (1), and page 4, after Clause 7, to insert the said new subsections.—(Lord Lee of Fareham.)
§ LORD BLEDISLOEI should like to thank the noble Lord the President of the Board of Agriculture for his courtesy in meeting in so large a measure the criticism which I made during the Committee stage of the Bill. There is one word of which I should rather like to obtain the interpretation from the noble Lord. That is the word "collective." It is perfectly true that I argued on the Committee stage that the local authority should have the right to deal, not with the individual who had been remiss in the destruction of rats but individuals occupying a large area which should be scheduled for the purpose. It has occurred to me that possibly this word may also apply—and I venture to hope that it will apply—to collective action between various local authorities. If, on full legal construction of the clause, it would not apply to common action between adjacent local authorities, I would suggest that on Third Reading the noble Lord might add words to make the matter clear. It is desirable, where there is a large centre of population, such as Bristol for instance, on the borders of two contiguous counties, Gloucester and Somerset, where there is a particular danger of the extreme prevalence of rats, that we should have common action.
§ LORD LEE OF FAREHAMThe word "collective" was selected because we thought it was the widest possible term to be employed. I am not a lawyer, but I imagine that it clearly covers the case to which the noble Lord refers.
THE LORD CHANCELLORThe only collective action which a local authority can take is obviously with another authority.
§ LORD BLEDISLOEI hope the noble and learned Lord will forgive me if I point out the true object of this. When I argued the matter in Committee it was with a desire that there should be collective action between various individuals upon whom notices were served. If the noble Lord is prepared to say that that would extend to collective action not merely with the local authority in question but with other local authorities I am more than satisfied.
THE LORD CHANCELLORThe noble Lord in raising the point only expressed that part of his anxiety which deals with the question as to whether a local authority can act collectively with another local authority. I think that is the meaning, and I think it is the only meaning of this clause.
§ On Question, Amendments agreed to.
§ Clause 9:
§ Application to Scotland.
§ 9.—(1) This Act shall apply to Scotland with the following modifications:—
- (a) The Board of Agriculture for Scotland shall be substituted for the Board of Agriculture and Fisheries.
- (b) The section of this Act relating to the enforcement of the Act shall not apply, and in lieu thereof the following provisions shall have effect:—
- (i) The local authority for executing and enforcing this Act shall be the local authority under the Public Health (Scotland) Act, 1897: Provided that where a port local authority has been constituted under the said Act, the local authority for executing and enforcing this Act, within the district over which such port local authority has jurisdiction shall be the port local authority;
- (ii) The expenses incurred by any local authority under this Act shall be defrayed in like manner as expenses incurred by a local authority, under the Public Health (Scotland) Act., 1897.
§ Application to Ireland.
§ (2) This Act shall apply to Ireland with the following modifications:—
- (a) Any reference to the Board of Agriculture and Fisheries shall be construed as a reference to the Local Government Board for Ireland:
- (b) Subject to the exercise of the powers of delegation given to a county council by this Act, the local authorities for the purposes of this Act shall be, as respects so much of any administrative county or county borough as is not included in a port sanitary district, the council of the county or borough, and as respects any port sanitary district the port sanitary authority:
- (c) The expenses incurred by a local authority under this Act shall be defrayed, in the case of a county council, out of the poor rate as a county at large charge; in the case of a port sanitary authority as part of their expenses as such authority; and in the case of any other local authority as expenses incurred in the execution of the Public Health (Ireland Acts, 1878 to 1919.
§ LORD STANMORE moved to omit from paragraph (b) (i) the words "Public Health (Scotland) Act, 1897: Provided that where a port local authority has been constituted under the said Act, the local authority for executing and enforcing this Act, within the district over which such port local authority has jurisdiction shall be the port local authority," and to substitute "Diseases of Animals Acts, 1894 to 1914." The noble Lord also moved, in paragraph (b) (ii) to leave out "Public Health (Scotland) Act, 1897," and insert "Diseases of Animals Acts, 1894 to 1914."
§ The noble Lord said: These Amendments have been put down to meet the wishes of the Association of County Councils in Scotland, who wish to enlarge the area of administration as proposed under this Bill. In the Bill as it stands, the local authority in Scotland, for the purpose of executing and enforcing the Act, is the local authority under the Public Health (Scotland) Act, 1897. This means the town council in burghs, and in the non-burghal areas the district committee where, as is usually the case, the county is divided into districts for local government purposes. For this it is proposed to substitute the authority responsible for the Diseases of Animals Acts, 1894 to 1914. In this case the authorities are the county council for a whole county, including all police burghs therein, as also Royal burghs with a population under 7,000. The argument in favour of this is that only by conducting schemes over large areas can the rat plague be dealt with satisfactorily.
§ Amendments moved—
§ Clause 9, page 4, line 19, leave out from ("the") to end of line 24, and insert ("Diseases of Animals Acts, 1894 to 1914")
§ Clause 9, page 4, line 28, leave out ("Public Health (Scotland) Act, 1897") and insert ("Diseases of Animals Acts, 1894 to 1914").— Lord Stanmore.)
§ On Question, Amendments agreed to.