HL Deb 24 January 1974 vol 348 cc1584-5

3.42 p.m.

LORD ABERDARE

My Lords, I beg to move that the House do again resolve itself into Committee on this Bill.

Moved, that the House do again resolve itself into Committee.—(Lord Aberdare.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF LISTOWEL in the Chair.]

Clause 23 [Control of pollution of rivers and coastal waters etc.]:

LORD STOW HILL moved Amendment No. 137B: Page 30, line 15, after ("person") insert ("having taken all the care").

The noble and learned Lord said: I do not think I need trouble the Committee for long with this Amendment, because I put the argument in favour of it when the Committee were discussing the Amendment to leave out this paragraph moved by the noble and learned Viscount, Lord Dilhorne. The old argument, if I may repeat it, is that the paragraph (d) which the noble and learned Viscount moved to leave out contains no reference to what is the most important element in the matter with which the paragraph deals; namely, the conduct of the person accused. Surely it is a relevant question, in framing a paragraph for the purpose for which it is clearly designed, that there should be some test by reference to the behaviour of the accused; and there is none. As I said, I have already put that argument and I think the Committee took it fully into account when we were discussing a previous paragraph. Having again brought it to the notice of Ministers so that they may consider it at a later stage, I beg leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

THE EARL OF GOWRIE

With the leave of the House I should like to repeat a Statement—

LORD SHEPHERD

The noble Lord cannot repeat a Statement while we are in Committese. We were anticipating an Amendment by the noble Baroness. If the noble Lord wishes to have us back into the House I am sure he can repeat the Statement.

THE EARL OF GOWRIE

I apologise: the Statement was made in the other place a little earlier than I anticipated. I beg to move that the House do now resume.

Moved accordingly and, on Question, Motion agreed to.