§ THE EARL OF ALBEMARLEMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government (1) whether they are satisfied that the existing rights of other riparian owners at Common Law are sufficient to enable them to prevent the abstraction of water for the surface spraying of crops; (2) whether, in view of the uncertainty as to the legal position owing to the fact that this particular method of abstraction has never been considered by the courts in relation to the rights of riparian owners, they would consider issuing a statement for the guidance of all concerned, and (3) whether they consider that the Common Law rights of riparian owners should be reviewed in the light of the completely different circumstances now obtaining and so as to make them"consonant with wider public benefit".]
§ THE LORD CHANCELLOR (VISCOUNT KILMUIR)My Lords, a sub-committee of the Central Advisory Water Committee is inquiring into the extent and the effect of abstractions from rivers for irrigation and other purposes. I understand that their report will be ready before long. Until it is available it is not possible to assess the seriousness of the problem and whether any action by the Government is needed. In the meantime, I am sure that the noble Earl will appreciate that it would not be proper for the Government to attempt to define the extent of Common Law rights, which can be determined only by the courts.
§ THE EARL OF ALBEMARLEMy Lords, I thank the noble and learned Viscount for his answer.