HL Deb 20 January 1970 vol 307 c3

2.38 p.m.

VISCOUNT ST. DAVIDS

My 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 why the British Waterways Board, in their letter, reference number PCL/100/S, of December 15, 1969, told a riparian owner that his rights under The Regents Canal Act of 1812 had been cancelled by the Transport Act of 1968, without telling him that he had a right to compensation, and that his rights continued till that compensation was paid; and whether they will see that no further cases of misinformation occur.]

THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR DEFENCE, R.A.F. (LORD WINTER-BOTTOM)

My Lords, I am advised that the British Waterways Board were correct in informing the riparian owner in question that any rights he may have had under the Regents Canal Act 1812 were abolished by the Transport Act 1968. There is no provision in the 1968 Act which makes the extinguishment of such rights conditional on payment of compensation and no question of misinformation therefore arises.

VISCOUNT ST. DAVIDS

My Lords, I am most puzzled about this matter. The noble and learned Lord the Lord Chancellor at the time of the passage of the Bill said that the public rights which were abolished could not have added to them the private rights, which it was also hoped to abolish, because this would make the Bill into a hybrid Bill. Can my noble friend tell me whether these rights have been abolished, and, if they are abolished, how is it that I seem still to have them and have been given licences on the basis of my rights?

LORD WINTERBOTTOM

My Lords, my noble friend has led me into deep and murky water. The actual rights were abolished by the Transport Act 1968. But I understand that the difference between my noble friend and his neighbour is that my noble friend exercised his right before the day on which the Act came into force and that his neighbour did not.