HL Deb 29 July 1947 vol 151 cc735-6

Eighth Schedule, page 143, line 3, at end, insert: ("(3) The Commission shall appear at any such public local inquiry in favour of the scheme and any objector may appear and tender evidence. Any person appearing in favour of the scheme or any objector appearing at the inquiry shall be subject to cross examination. (4) For the purpose of this Schedule the person appointed to hold such public local inquiry shall have the same powers as are granted to the Minister by section twenty of the Ministry of Transport Act, 1919.")

The Commons disagreed to this Amendment for the following Reason:

Because the said Amendment imposes an undue rigidity on the procedure to be followed at administrative inquiries.

VISCOUNT ADDISON

I move the same Motion here and for the same reason.

Moved, That this House do not insist on the Amendment to which the Commons have disagreed.—(Viscount Addison.)

THE EARL OF SELKIRK

May I ask the noble and learned Viscount the Lord Chancellor if he can repeat the assurance that he has given, that proper opportunity for cross-examining will in fact be given? This was stated in Hansard and the noble Leader of the House is unable to give that assurance. I think it is reasonable. This principle has been thrown overboard, and I think it is proper that we should take a note of it.

THE LORD CHANCELLOR

The noble Earl has asked for an assurance and quoted what was said on June 26. I wish he had given a little notice of his question. I have no doubt that on June 26 I was properly instructed, but I have had this matter brought to my attention only one moment ago, and I have not the least idea what I said on June 26. I can only hope that what I said was accurate and in accordance with the law, but it is quite impossible for me, here and now, to give an assurance as to some proposition with which we were then concerned, and on which on that occasion I was no doubt properly briefed. However, I may say this: that in a very long experience, I have never yet come across a case or a tribunal where a man gave evidence in chief and cross-examination was not allowed. I have never heard of such a thing, and, if it ever has taken place, it has not taken place to my knowledge.

THE EARL OF SELKIRK

May I remind the noble Lord—

VISCOUNT ADDISON

I must ask the noble Earl to obey the rules and orders of the House.

Bill returned to the Commons.