§ Improvements in respect of which Consent of or Notice to Landlord is not required.
§ (24) Application to land of purchased artificial or other purchased manure.
§ THE DUKE OF BUCCLEUCH had on the Paper an Amendment in paragraph (15) (Part II), to leave out "Making" and to insert "Repairing or renewal." The noble Duke said: Are the Government going to accept this?
§ EARL DE LA WARRWe are prepared to insert your words, but we wish to keep in the word "Making."
LORD FAIRFAX OF CAMERONMy Lords, I beg to move the Amendment which stands in the name of the noble Duke and myself.
§
Amendment moved—
Page 14, line 27, leave out ("Making") and insert ("Repairing or renewal").—(Lord Fairfax of Cameron.)
§ EARL DE LA WARRMy Lords, the object of this Amendment is to limit the operations of the tenant to embankments which already exist where they are derelict or in a very bad state of repair. That is to say, if no embankment actually exists, even though it is desirable, the construction of an embankment would not be an improvement for compensation. We feel that it would be going too far to accept that Amendment because it is very unlikely that a tenant would propose to spend money on a large piece of work that was unnecessary. Undoubtedly, if this Amendment were inserted in the Bill, a number of quite small works which are new works would be taken out of its scope. What we propose is to meet the noble Duke to this extent. We asked him to leave in the word "Making" to meet this point of ours, but we would be quite willing to insert his words "Repairing or renewal."
THE MARQUESS OF LINLITHGOWMy Lords, it is perhaps worth pointing out that there is a misprint in the Amendment as it appears on the Paper. It ought to be line 27 and not line 25.
THE DUKE OF BUCCLEUCHI am afraid the suggestion of the noble Earl does not really meet the case. It still leaves in "Making." The argument against this paragraph is that there may be very large works and also, especially in river embankments, very great liabilities upon people, and in many cases which have not been foreseen big damage has been done. I was under the impression that the Government were going to accept this Amendment. It seems a very small one.
§ EARL DE LA WARRMy Lords, I wonder whether it would meet the noble Duke, if the word "Making" was put into Part I of the Schedule? It is merely a suggestion that I throw out without consultation.
§ EARL DE LA WARRMight I consider that before Third Reading?
§ EARL DE LA WARRWith no commitment.
§ Amendment, by leave, withdrawn.
§ THE DUKE OF BUCCLEUCH moved to add to paragraph (17) "Provided that every reasonable precaution is taken to safeguard the property of the landlord." The noble Duke said: My Lords, this is an Amendment that was moved on the Committee stage and I do not know whether the noble Earl is now prepared to accept it or not. It is somewhat difficult to find the right words. The object is to prevent a lot of unnecessary work being done. I will not repeat myself, but there are several cases where work has had to be done. If the noble Earl will accept the words, the Scottish Office has it under consideration to meet the case. If he cannot accept these words, I would like an undertaking, if he would give it, that the Department of Agriculture in Scotland on Third Reading will lay down some rules, or something of the kind. The object is really to prevent a lot of unnecessary expense which will probably fall more on the tenant than on the landowner. It is absolutely essential, as your Lordships will recognise, that nothing should be done to buildings which will prevent insurance offices accepting them for insurance.
§
Amendment moved—
Page 14, line 30, at end insert the said words.—(The Duke of Buccleuch.)
§ EARL DE LA WARRMy Lords, I think I can certainly give the noble Duke an undertaking that the Department, whether it puts forward regulations or not, is going to take this matter into very serious account, because the prime consideration in any improvement of this kind must be to preserve the safety of the property. There is no objection to 452 the particular words that the noble Duke has proposed excepting the purely general one that it is always a pity to specify particular points in an Act of Parliament, because the inclination is to eliminate the consideration of others. For that reason I would ask the noble Duke not to press this Amendment, but the Department will certainly have regard to the point he has raised.
THE DUKE OF BUCCLEUCHMy Lords, after what the noble Earl has said I ask leave to withdraw the Amendment.
§ Amendment, by leave, withdrawn.
§ THE DUKE OF BUCCLEUCH had given Notice to move, in paragraph (18), to leave out "pastoral." The noble Duke said: My Lords, this was simply put in at the last stage but the noble Earl thought it was unnecessary.
§ EARL DE LA WARRMy Lords, I thank the noble Duke for the suggestion. It certainly does make his Amendment better; but I do not want to commit the Government before considering the matter further.
§ THE LORD CHANCELLOR (LORD SANKEY)Amendment not moved?
§ EARL DE LA WARRYes. I mean that with regard to the general matter of bracken the Government might express other views in another place. We certainly would prefer the paragraph without "pastoral."
§
Amendment moved—
Page 14, line 32, leave out ("pastoral").—(The Duke of Buccleuch.)
§ EARL DE LA WARR moved, in Part III, to leave out paragraph (24). The noble Earl said: My Lords, this Amendment is consequential on the leaving out of Clause 37. It is drafting. I beg to move.
§
Amendment moved—
Page 15, leave out lines 9 and 10.—(Earl De La Warr.)
§
EARL DE LA WARR moved, in Part III, to insert the following paragraph:—
(25) Application to land of purchased artificial or other purchased manure.
The noble Earl said: My Lords, this is a drafting Amendment. I beg to move.
§
Amendment moved—
Page 15, after line 12, insert the said paragraph.—(Earl Dc La Warr.)
§ Second Schedule:
| SECOND SCHEDULE. | ||
| Enactments Repealed. | ||
| Session and Chapter. | Short Title. | Extent of Repeal. |
| 13 & 14 Geo. 5. c. 10. | The Agricultural Holdings (Scotland) Act, 1923. | In section twelve paragraph (b) of subsection (7). Subsection (1) of section fifteen. The First Schedule. Paragraph 5 of the Second Schedule. |
§ EARL DE LA WARR, moved, in the reference to the Agricultural Holdings (Scotland) Act, 1923, to omit from the third column: "In Section 12, paragraph (b) of subsection (7)." The noble Earl said: My Lords, this is a drafting Amendment and I beg to move.
§
Amendment; moved—
Page 16, column 3, leave out lines 18 and 19.—(Earl De La Warr.)
THE DUKE OF BUCCLEIJOHMy Lords, might I ash the noble Earl whether he could give the Scottish Peers any indication when the Third Reading of the Bill will be taken?
§ EARL DE LA WARRMy Lords, I think July 2 has been suggested, if that is convenient to your Lordships, but we will discuss it and advise the noble Duke.