HL Deb 28 June 1938 vol 110 cc368-72

6. A member of the Commission shall, within three months after his appointment, sell or dispose of any interest or securities which he may hold in his own name or in the name of a nominee for his benefit in any undertaking carrying on the business of coal-mining or supplying or selling coal.

THE EARL OF DUDLEY moved, at the end of paragraph 6, to insert "or the manufacture or sale of by-products of coal." The noble Earl said: My Lords, these words were originally inserted in the Bill, as well as the words, as far as I remember, "manufacture of plant or machinery." That is to say, a member of the Commission was, after his appointment to the Commission, to sell or dispose of his interest in these various things. On the Committee stage Lord Crawford objected to the words "or the manufacture or sale of by-products of coal or machinery or plant for coal-mining," and the Government moved an Amendment on the last stage of the Bill to omit those words, but I think the words "or the manufacture or sale of by-products of coal" ought to be left in. I think coal should be regarded as the same, whether treated coal or raw coal, and in view of the reports issued by the Labour Party as to the value of low temperature carbonisation, I think that a Commissioner interested in low temperature carbonisation should be equally free from bias. I hope the Government will see the reasonableness of this, and have these words reinserted.

Amendment moved— Page 53, line 33, after ("coal") insert ("or the manufacture or sale of by-products of coal").—(The Earl of Dudley.)

THE EARL OF MUNSTER

My Lords, the Government Amendment to leave out these words was originally moved to meet the wishes of Lord Crawford. I understand that Lord Crawford has no objection to the reinsertion of these words. It will meet his point, and therefore I suggest that your Lordships should accept the Amendment.

THE EARL OF DUDLEY

I am very grateful. I should have said that before moving the Amendment I had obtained the assent of the noble Earl, Lord Crawford.

THE MARQUESS OF LOTHIAN

My Lords, if you are going to exclude those who are concerned in low temperature carbonisation I think you ought to specify them by name. The by-products of coal are almost infinite. If you are going to say that everybody has to get rid of all his interests it seems to me absurd. I would beg the noble Earl to reconsider this. You ought to have some words which are more precise than these far-reaching words.

THE EARL OF CRAWFORD

My Lords, it is really much too late to try to introduce any logic into this Bill.

THE MARQUESS OF LOTHIAN

I would like to see introduced the words "low temperature carbonisation."

EARL STANHOPE

I am afraid we cannot do it now because all Amendments on Third Reading have to appear on the Paper. It will have to be left to another place.

THE MARQUESS OF LOTHIAN

Perhaps the noble Earl will give consideration to the question as to whether some words might not be introduced in another place?

EARL STANHOPE

I agree that they are wide.

THE MARQUESS OF LOTHIAN

They are ridiculously wide.

On Question, Amendment agreed to.

Second Schedule [Provisions for defining property and rights with which, and matters subject to which, coal is to be acquired]:

THE LORD CHANCELLOR

My Lords, the next Amendment is purely drafting.

Amendment moved— Page 56, line 27, after ("this") insert ("Part of this").—(The Lord Chancellor.)

On Question, Amendment agreed to.

LORD GAINFORD moved, after subparagraph (1) of paragraph 6, to insert: (2) The Commission shall on the occasion of their first exercising, or granting to a lessee the benefit of, a right vested in them by this paragraph give public notice that they propose so to do by advertisement in the London Gazette and in one or more newspapers circulating in the locality. (3) When the construction of any buildings or works is to be begun after the first publication of such a notice as aforesaid on land liable to be damaged by the exercise of the right to which the notice relates the following provisions of this paragraph shall have effect:—

  1. (a) before the construction thereof is begun the person at whose expense they are to be constructed (in this sub-paragraph referred to as 'the building owner') shall notify the Commission of the proposal to construct them, and shall, if so requested by the Commission within fourteen days from the receipt by them of the notice, produce for the inspection of a person duly authorised by them in that behalf plans and specifications of the buildings or works showing the design thereof and the proposed materials for and method of construction of the foundations thereof, and shall, if so requested within that period or within seven days after the plans and specifications have been produced as aforesaid, furnish the Commission with copies of any such plans or specifications;
  2. (b) at any time within twenty-eight days from the time when any request made by the Commission with respect to the production or furnishing of copies of the plans and specifications has been complied with, or within such further period as the building owner may allow, the Commission may make such proposals as to the materials for and method of construction of the foundations as appear to them to be desirable for minimising damage in the event of subsidence, and, if they do so and the foundations are constructed otherwise than in accordance with the Commission's proposals, the obligation to pay compensation or to make good referred to in sub-paragraph (1) of this paragraph shall not extend to any damage that would have been avoided if they had been so constructed;
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  3. (c) the Commission shall have the right to have the foundations inspected by a person duly authorised by them in that behalf from time to time during the construction thereof as that person may reasonably require, and if it is alleged by the Commission that the foundations are being constructed otherwise than in accordance with any plans or specifications produced or furnished to them, or otherwise than in accordance with any such plans or specifications as modified in accordance with proposals made by the Commission, as the case may be, the Commission shall notify the building owner of the matter alleged to constitute a departure therefrom and any question arising in relation thereto shall be determined by arbitration;
  4. (d) the Commission shall pay all costs reasonably incurred by the building owner in the production or furnishing of copies of plans and specifications pursuant to a request made by the Commission under this paragraph, and the amount of any addition to the expense incurred by him in constructing the buildings or works which is attributable to giving effect to the Commission's proposals or to any postponement or interruption of the construction thereof consequent upon an allegation on the part of the Commission of a departure from plans and specifications which is determined not to have been well founded, and any question as to the subsistence of a liability of the Commission by virtue of this provision or as to the amount payable by them in respect of any such liability shall be determined by arbitration;
  5. (e) if the building owner fails to give notice to the Commission in accordance with this paragraph of the proposal to construct the buildings or works or to comply with a request made by the Commission thereunder, the obligation to pay compensation or to make good referred to in sub-paragraph (1) of this paragraph shall be limited to damage which could not have been avoided by reasonable and proper precautions taken in the design and construction of the foundations to minimise damage in the event of subsidence."

The noble Lord said: My Lords, on the Report stage I explained the purport of a similar Amendment, but withdrew it with a view to enabling certain alterations to be made. The Amendment now on the Paper is an agreed Amendment which carries out exactly the purpose which I explained on the Report stage—namely, to give power to the Coal Commission to take steps to see that in certain circumstances proper foundations are ma de so as to prevent damage to house property by subsidence. I beg to move.

Amendment moved— Page 57, line 28, at end insert the said new sub-paragraphs.—(Lord Gain ford.)

THE EARL OF MUNSTER

My Lords, this Amendment, as has been stated by Lord Gainford, has been drawn up in agreement with the Government and with my noble friend Lord Hastings. The purport of it was discussed fully on the previous stage of the Bill, and in these circumstances we hope that your Lordships will agree to it.

On Question, Amendment agreed to.

THE LORD CHANCELLOR

My Lords, the next Amendment is pure drafting.

Amendment moved— Page 58, line 1, leave out from ("that") to ("this") in line 5.—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR

My Lords, the next Amendment is consequential.

Amendment moved— Page 56, line 9, leave out ("to be so given") and insert ("required by sub-paragraph (2) of this paragraph").—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR

My Lords, the next three Amendments are drafting.

Amendments moved—

Page 58, line 25, leave out ("make good or to pay proper compensation for") and insert ("pay proper compensation for or to make good")

Page 31, line 31,leave out("constructed") and insert ("construed")

Page 31, line 39, leave out ("make") and insert ("pay").—(The Lord Chancellor.)

On Question, Amendments agreed to.

Third Schedule: