HL Deb 01 July 1991 vol 530 cc823-4

108 Clause 51, page 60, line 4, leave out from 'for' to end of line 6 and insert 'use for or in connection with the construction of a highway, or (b) the use of the relevant land for or in connection with the construction of a highway is being considered by a highway authority,'.

Baroness Blatch

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 108. In doing so, I shall speak also to Amendments Nos. 109 to 116, 119, 242 to 244, 246 to 253, 275 to 278, 280, 281 and 290.

These amendments relate to the land compensation and compulsory purchase provisions in the Bill. Many of them are of a purely technical nature. For example, Amendments Nos. 108 to 110 and 113 to 115 clarify the provisions in Clauses 51 and 59 in respect of the assumptions to be made in valuing land acquired for highway purposes. Amendments Nos. 248, 249, 252 and 253 add further items to the list of compensation provisions which will in future attract interest. I shall be happy to explain any of those amendments in more detail if noble Lords would find it helpful. I would, however, particularly like to draw the House's attention to the amendments that we have brought forward in respect of home loss payments.

When the Bill was previously before your Lordships' House, the noble Lord, Lord McIntosh, moved an amendment to extend entitlement to a home loss payment to include a deserted spouse with a right of occupation under the Matrimonial Homes Act 1983. The noble Lord argued that to deny a payment in the event of the spouse being displaced is unfair, since in such circumstances the property must be regarded as a genuine home, even though the occupant has no legal interest in it.

We gave an undertaking to look into this matter further and, having done so, came to the conclusion that the noble Lord's point was a very fair one. Amendments Nos. 112 and 113 are accordingly designed to bring the deserted spouse case within the scope of the home loss payment scheme.

The purpose of Amendments Nos. 116 and 199 is to permit the extension to Northern Ireland, by the negative resolution order in council procedure, of the home loss payment provisions in the Bill. This will be the quickest means of ensuring that people in Northern Ireland are treated no less favourably than those in Great Britain in the matter of home loss payments.

Moved, That the House do agree with the Commons in their Amendment No. 108.—(Baroness Blatch.)

Lord McIntosh of Haringey

My Lords, I always thought that we had a stronger case about deserted spouses than the Government have admitted. I always felt that there was a measure of misunderstanding rather than when our amendments were not successful in this House. I am grateful to the Minister for her remarks. I am glad that the Government have been able to do justice in this case.

On Question, Motion agreed to.