HL Deb 23 December 1920 vol 39 cc905-6

Clause 4, page 10, lines 21 to 36, leave out subsection (15).

The Commons disagree with this Amendment, but propose the following Amendments to the Bill:Page 10, line 24, after ("executed") insert ("and are capable of being executed without prohibitive or unreasonable expense") Page 10, line 27, leave out ("farm roads").

LORD LEE OF FAREHAM

These words were omitted from the Bill by your Lordships under a misapprehension. If you look at Clause 4 (1) (c) you will see that the occupier is required to execute the necessary works of maintenance. Then there will be no explanation of what these works of maintenance are unless this paragraph is re-inserted. It was cut out, I think, under a misapprehension that is was in some way mixed up with the Definition Clause. But we will deal with that when we come to it. Meanwhile, the words are essential here to make the Bill read, and the Commons have re- inserted the words as they stood in the original Bill. In view of the suggestion made by some of your Lordships in the course of the previous debates the Commons have inserted, after "executed" in line 24, "and are capable of being executed without prohibitive or unreasonable expense." Further, in view of the representations which have been made to me by your Lordships, they have agreed to leave out "farm roads" to which exception was taken on the ground that in many cases they might extend such a long distance that the expense would be altogether unreasonable. I therefore move that this House does not insist on the Amendment and agrees to the Amendment proposed by the House of Commons to your Lordships' Amendment.

Moved, That this House doth not insist upon the said Amendment and agrees to the Amendments proposed by the House of Commons.—(Lord Lee of Fareham.)

LORD CLINTON

The noble Lord has stated what is exactly within my recollection. I moved the subsection out because I believe the words were redundant, and I am satisfied with the noble Lord's proposal to reinsert them.

On Question, Motion agreed to.