HL Deb 23 December 1920 vol 39 cc922-5

Clause 13, page 19, line 42, after ("given") insert ("provided that nothing in this subsection shall authorise the breaking-up of meadow land or pasture").

The Commons disagree with this Amendment, but propose the following Amendment to the Bill:

Clause 13, page 19, line 42, at end insert ("A direction under this subsection may authorise the breaking up of meadow land or pasture subject to such conditions as will in the opinion of the Committee secure that the landlord shall not be injuriously affected").

LORD LEE OF FAREHAM

Your Lordships moved an Amendment providing that nothing in this subsection shall authorise the breaking up of meadow land or pasture. There was some discussion of that Amendment in another place, and finally, as a compromise with those who represent the landlord interest in the other House, the following was suggested and agreed to— A direction under this subsection may authorise the breaking up of meadow land or pasture subject to such conditions as will in the opinion of the Committee secure that the landlord shall not be injuriously affected. As regards some market garden improvements, it is necessary, if the land available is grass land, that it should be broken up, and there will be no hardship if suitable provisions are inserted for the protection of the landlord against loss. I beg to move that we do not insist on our Amendment, and agree to the Commons Amendment.

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

THE EARL OF JERSEY

I cannot let this Amendment pass without some observation for two reasons, first, because when it was proposed in your Lordships' House the noble Lord in charge of the Bill accepted it very readily; in fact he accepted it without asking for any comments whatever on the Amendment.

LORD LEE OF FAREHAM

You were moving so rapidly that I am afraid I was too hasty.

THE EARL OF JERSEY

However that may be, perhaps I may give as another reason why I think it deserves further consideration that it is an absolute negation of the principle which your Lordships accepted at an earlier stage of the Bill, because your Lordships decided that it should not be at the discretion of agricultural committees to break up grass land, even if they thought it to be in the national interest. I fail to see why the committee should be empowered to do, in the interests of one industry, or possibly of one individual, what they are prohibited from doing, by your Lordships' decision, in the interests of the whole nation. It seems a most illogical conclusion to arrive

at, and, although we have been told at various stages of the Bill, that we must not expect too much logic in the Bill, at any rate here is an opportunity of insisting upon at any rate one logical provision.

As regards the proviso, I do not think that it adds anything to what is already suggested in the Clause itself. Your Lordships inserted a proviso (I think the noble Lord himself introduced it) that any directions given should have due regard to safeguarding the interests of the landlord. This Amendment proposed in another place merely amplifies, or indeed repeats, what is already included in an earlier sentence of this subsection. Really I think that this is an Amendment which it would be only reasonable and fair to insist upon. A landlord apparently is to let land for a specific purpose, possibly even with a covenant that the land is not to be broken up; and yet the agricultural committee are to decide that that covenant is to be overridden, and that the grass and pasture land is to be broken up at their discretion. I do not know what view your Lordships will take, but I trust that you will insist upon the original clause.

On Question, That this House doth not insist on the said Amendment and agrees to the Amendment made by the Commons—

Their Lordships divided:—Contents, 32; Not-Contents, 43.

CONTENTS.
Birkenhead, L. (L. Chancellor.) Sandhurst, V. (L. Chamberlain.) Donington, L.
Hampden, V. Faringdon, L.
Richmond and Gordon, D. Hood, V. Hamilton of Dalzell, L.
Bath, M. Milner, V. Hylton, L.
Ancaster, E. Peel, V. Knaresborough, L.
Lucan, E. Atkinson, L. Lee of Fareham, L.
Lytton, E. Balfour, L. Ormonde, L. (M. Ormonde.)
Mar and Kellie, E. Colebrooke, L. Somerleyton, L. [Teller.]
Onslow, E. Cozens-Hardy, L. Stanmore, L. [Teller.]
Selborne, E. Crawshaw, L. Stuart of Wortley, L.
Vane, E. (M. Londonderry.) Desborough, L. Wigan, L. (E. Crawford.)
NOT-CONTENTS.
Bedford, D. Kilmorey, E. Decies, L.
Northumberland, D. Malmesbury, E. Deramore, L.
Sutherland, D. Morton, E. Dynevor, L. [Teller.]
Powis, E. Ebury, L.
Ailsa, M. Stanhope, E. Erskine, L.
Cholmondeley, M. Strafford, E. Lamington, L.
Exeter, M. Lawrence, L.
Linlithgow, M. Chaplin, V. Lovat, L.
Salisbury, M. Falmouth, V. O'Hagan, L.
Askwith, L. Oxenfoord, L. (E. Stair.)
Albemarle, E. Avebury, L. Saltoun, L.
Doncaster, E. (D. Buccleuch and Queens-berry.) Blythswood, L. Sandys, L.
Cheylesmore, L. Southwark, L.
Grey, E. Clinton, L. Stewart of Garlies, L. (E. Galloway.)
Ilchester, E. Cottesloe, L.
Jersey, E. [Teller.] de Mauley, L. Sumner, L.

Resolved in the negative, and Amendment insisted upon accordingly.