§ [Nos. 16 to 18.]
§ Clause 14, page 11, line 26, at end insert "or estimate its value"
§ Clause 14, page 11, line 37, at end insert "or is authorised to acquire it"
§ Clause 14, page 11, line 40, after "it" insert "or estimate its value"
§ The LORD CHANCELLORMy Lords, with the leave of the House I beg to move that this House doth agree with the Commons in their Amendments Nos. 16, 17 and 18 en bloc. Amendments Nos. 16 and 18 provide that persons may be authorised by the Secretary of State, the Board or a local highway authority 1381 to enter upon land for the purpose of estimating its value as well as for the purpose of survey. Amendment No. 17 extends the provision in Clause 14(1)(c) providing that persons authorised by the Secretary of State or the Board may enter upon land to survey it (or estimate its value if Amendment No. 16 is made) where the Board is considering the purchase of the land in cases where the Board has been authorised to acquire land. These provisions would seem to be necessary and sensible.
§ Moved, That this House doth agree with the Commons in the said Amendments—(The Lord Chancellor.)
§ Baroness ELLESMy Lords, while it may be necessary to insert these provisions for the satisfactory working of the Board, they give a further power to the Board when entering somebody else's property so that the Board will be able not only to survey it but also to estimate its value. That sounds quite satisfactory in legal jargon but, thinking of a small tenant farmer or the owner of a small piece of land, I believe that, if somebody comes in and says, "I am just going to see how much this land is worth because we are thinking of buying it," that could have a very harmful effect. It would not promote the kind of trust that one would hope to see between individuals and the Board.
When this was raised in another place, the Minister's reply was not very convincing when he was asked whether the Secretary of State could at least, in giving his authority in writing, include the reason for which the person was allowed to enter the property. We accept that the Board may have to enter, but we should be very much more satisfied if the noble and learned Lord could give some kind of undertaking that the Secretary of State, in his written authority, would state the reason for which entry was required by the Board, whether for surveying or in order to estimate the value of the land. This should he in writing.
§ The LORD CHANCELLORMy Lords, I should certainly be willing to look at that point. These Amendments bring the provisions of Clause 14 more into line with the New Towns Act 1965. There is therefore nothing novel or sinister 1382 in them, but I shall certainly look at that suggestion, which does not seem to me to be unreasonable.
§ On Question, Motion agreed to.