HL Deb 19 December 1928 vol 72 cc691-3
THE MARQUESS OF LONDONDERRY

My Lords, I beg to move that this Special Order be approved with the addition proposed by the Select Committee and the modifications.

Moved, That the Special Order which was presented on the 8th of November last, be approved with an addition and modification.—(The Marquess of Londonderry.)

LORD OLIVIER

My Lords, I should like to ask a question of the noble Marquess regarding the addition that is proposed to be made to the Order. I do not understand what is the effect of passing that addition. It is arrived at by a compromise between the two parties and, as regards the East Nottingham Company, it binds them to do certain things. We have control over them because they have an Order and are in a position of privilege. But as regards the two coal companies, what control is there over them? They are not under an Order and are not in a privileged position. It appears that they are in precisely the same position as the East Nottingham Company was in before—namely, that all the remedy the East Nottingham Company had before was a remedy at Common Law to go to the Courts for an injunction. What power have we to enforce upon the coal companies the obligations which we can enforce upon the East Nottingham Company?

THE MARQUESS OF LONDONDERRY

My Lords, I think the noble Lord is aware that all these Orders have been before the Special Orders Committee, who have gone very, carefully into these matters.

LORD MUIR MACKENZIE

My Lords, With reference to what the noble Marquess has just said, it occurs to me, as the subject has been raised to-day, that it would be desirable that some words to the effect of what he has said should be put in; because the reason why it is moved and is received by the House without remark is that it has passed that Committee.

THE MARQUESS OF SALISBURY

Hear, hear.

LORD MUIR MACKENZIE

Nobody knows more about this subject than the Leader of the House. I had the honour of serving on the Committee that recommended this procedure, and I should like to know very much whether he does not think that some words to that effect has better be put in when these Orders are moved.

THE MARQUESS OF SALISBURY

I will certainly ask the authorities of the House whether they think some additional words should be used. But the noble Lord, Lord Muir Mackenzie, will remember very well the great difficulty we had in getting this particular procedure established. I might assure him that it was for that very reason—in order to prevent any error in the matter of these Special Orders taking place—that we set tip this Standing Committee before which all these Orders go, in order that the House should not be taken at a disadvantage when they come before the House itself.

LORD OLIVIER

My Lords, might I, with the permission of the House, observe that that is not an answer to my question? I have no doubt that the Standing Orders Committee saw no objection to this. All I am asking is this: Is it not an entirely nugatory provision and, if not, what is its effect?

THE MARQUESS OF SALISBURY

I do not know whether the noble Lord wishes me to answer that question, but the effect of its having been before the Special Orders Committee is this. The Special Order is considered as to whether it complies with the regulations of the House and as to whether it presents any features of novelty, any- thing out of the routine, anything out of the ordinary course to which the attention of the House ought specially to be called. I cannot be sure that I textually remember them, but that is the broad effect of the instructions to this Committee.

On Question, Motion agreed to.