HL Deb 27 March 1928 vol 70 cc606-8

THE CHAIRMAN OF COMMITTEES (THE EARL OF DONOUGHMORE) rose to move to resolve:

That it is desirable that all Private Bills in the present Session which purport exclusively to consolidate the provisions of existing Private Acts of Parliament be referred to a Joint Committee of both Houses of Parliament:

That the Joint Committee shall not take into consideration any Petition against any such Bill which seeks to alter the existing law.

The noble Earl said: My Lords, you will see that this Motion is designed to refer all Consolidation Bills of a Private Bill nature to a Joint Committee of both Houses of Parliament. Your Lordships are aware that there have been a number of such. Bills in previous Sessions, but, so far as I know, there has never been a Bill that dealt purely with consolidation and nothing else and accordingly these Bills were subject to the usual rule of Parliament—namely, that when a promoter comes to Parliament with proposals regarding powers that have already been given those powers are subject to review and Petitions are heard with that position in view. I am, however, very anxious to initiate a new procedure and to encourage Consolidation Bills pure and simple. Your Lordships will, of course, remember that in the case of public Consolidation Bills it is not usual to raise any points in connection with those Bills other than points which arise from consolidation.

There is before Parliament this year a Bill, the North Metropolitan Electricity Bill—a pure Consolidation Bill. It is supported by the Electricity Commissioners and by the Hereford County Council, as well as by the promoting company, and I confess I have (some time ago) suggested its introduction. It is purely a Consolidation Bill and nothing else, and if your Lordships agree to this Motion I intend to move, this Bill should go to the proposed Joint Committee. I think it is obviously very desirable that private authorities should be encouraged in the promotion of Consolidation Bills. At the same time, it is obvious that if Consolidation Bills are introduced and the promoters are then to be subject to be shot at for every piece of legislation in the past, we shall have no more Consolidation Bills introduced. I therefore propose the Motion in the form in which it appears upon the Paper of your Lordships' House. If it can be shown that the mere fact of consolidation alters the existing position we can trust the Committee to deal with any difficulty that may arise, but, subject to that condition, I can assure your Lordships that it is in the public interest that this new procedure should be created and encouraged. For that reason I make this Motion to your Lordships' House.

Moved to resolve, That it is desirable that all Private Bills in the present Session which purport exclusively to consolidate the provisions of existing Private Acts of Parliament be referred to a Joint Committee of both Houses of Parliament:

That the Joint Committee shall not take into consideration any Petition against any such Bill which seeks to alter the existing law.—(The Earl of Donoughmore.)

LORD MUIR MACKENZIE

My Lords, having had a good deal to do in this House with Consolidation Bills during the last few years, I rise to say one word on the proposal that has been made by the Lord Chairman. I venture to express the opinion that it is, as he proposes, very desirable that pure Consolidation Bills should be encouraged among Private Bills as well as Public Bills, and that since I think I may say that the work of the Consolidation Committee among Public Bills has been of great utility in past years, so I think it may be anticipated that utility will be served by following the same procedure in regard to Private Bills. I understand from the Lord Chairman's remarks that his proposal is that the practice that has been well established in regard to Public Bills should be the practice followed in all respects with regard to Private Bills when they come before such a Committee. I trust your Lordships will see your way to pass the Resolution proposed by the Lord Chairman.

LORD ASKWITH

My Lords, I have been for some years a member of the Committee that deals with Consolidation Bills, of which Lord Muir Mackenzie is Chairman, and I entirely agree with the words of the Lord Chairman and of my noble friend Lord Muir Mackenzie, provided that the practice followed is the same with regard to Private Bills as with regard to Public Bills.

On Question, Motion agreed to.

Ordered, That a Message be sent to the Commons to communicate this Resolution, and to desire their concurrence.