§ [Nos. 34 and 34A]
§ (Schedule 4, page 59, line 32, at end insert—
§ ("Special Parliamentary Procedure
§
6A.—(1) For paragraph 12 of Schedule 1 there shall be substituted the following paragraph: —
12. A compulsory purchase order, in so far as it authorises the purchase of land being, or being the site of, an ancient monument or other object of archaeological interest, or of any other land of a nature specified by an order of the Secretary of State, shall be subject to special parliamentary procedure unless the Secretary of State certifies that the acquiring authority has entered into an undertaking with the Secretary of State to observe such conditions as to the use of the land as in his opinion are requisite having regard to the nature thereof.
§ (2) The Secretary of State shall lay before both Houses of Parliament an order specifying the land to which paragraph 12 of Schedule 1 shall apply.
§ (3) An order made under the last subparagraph shall not be effective until a draft has been approved by a resolution of each House of Parliament.
§ (4) Before making the above draft order the Secretary of State shall consult with the Statutory advisory bodies concerned, and such other bodies as may seem to him expedient.")
§ The Commons disagreed to this Amendment for the following Reason:
§ Because it would not be appropriate, in this Bill, to extend the categories of land the compulsory acquisition of which is subject to special parliamentary procedure.
§ Baroness BIRKMy Lords, I beg to move, that this House doth not insist on their Amendment No. 34 to which the Commons have disagreed for the Reason numbered 34A. This Amendment would have the effect of applying special Parliamentary procedure to various types of land not already covered by that procedure in the Acquisition of Land Acts. It was argued in support of the Amendment that with all that had happened in 1954 the years since the Acquisition of Land Acts, by way of designating various kinds of area of important environmental significance, a review of the application of special Parliamentary procedure was long overdue, and that the Bill, which does so much to promote and indeed to require the compulsory acquisition of land, ought to be the basis for stimulating that review.
As I said on a previous occasion—I think it was Report stage—when this Amendment was moved and carried in this House, it was most improper for it to take its place in this Bill. I quite understood the noble Lord, Lord Sandford, who moved it, using it to fly a kite or to "have a go" with it, but I must say that to press it to a Division was absolutely ridiculous. I said the same thing on Third Reading, and I still feel the same way about it. It is a complete irrelevance, and I hope that the House will support the Commons Reason for disagreeing. I beg to move.
§ Moved, That this House doth not insist on their Amendment No. 34 to which the Commons have disagreed for the Reason numbered 34A.—(Baroness Birk.)
§ Lord SANDFORDWell, my Lords, No. 34A is an absolutely delicious Reason. When could it possibly be more appropriate for Parliament to consider whether the most cherished parts of our land—now happily designated in various ways—needed to be specially safeguarded? What more appropriate moment could there be than when we have before us a Bill inaugurating the most extensive piece of State acquisition of land in the history of the Kingdom?