HL Deb 04 July 1994 vol 556 cc1005-6

38 Schedule 8, Page 117, line 29, at end insert:

("Conditions to be satisfied before a compulsory rights order is made

. A compulsory rights order shall not be made or confirmed unless it is shown that it has not proved practicable to obtain the right by private arrangement because the owner has acted unreasonably and that —

(a)(i) the coal in the relevant land is required to supply a market which cannot adequately be met from other sources which are currently being worked or capable of being worked where a coal-mining company has secured all the relevant planning consents and has acquired the necessary interests in land, and

(ii) the amount of marketable coal to be extracted as a result of the compulsory rights order being made exceeds 250,000 tonnes; or

(b) there is a present likelihood that the coal will remain unworked on account of other development proposed on the relevant land; or

(c) the persons with power to grant the right, or any of them, cannot be ascertained or cannot be found; or

(d) the persons from whom the right must be obtained or any of them, have not the necessary powers of disposition, whether by reason of defect on title, legal disability or otherwise.")

The Commons disagreed to this amendment for the following reason—

38ABecause the Commons do not consider it appropriate that the circumstances in which a compulsory rights order may be made or confirmed should be confined to those set out in the said Amendment made by the Lords.

Lord Strathclyde

My Lords, I beg to move that the House do not insist on their Amendment No. 38 to which the Commons have disagreed for the reason numbered 38A. Amendment No. 38 would have the effect that no CRO could be made so long as other sources of supply were available, and as it does not distinguish properly between UK coal and imports it might well have the effect that no CRO could be made so long as imports were available. As there is a ready availability of all grades of coal on world markets, that is as much as to say that no CRO could ever be made.

The question is the circumstances in which compulsory rights orders might be made. The Government have provided strong safeguards to ensure that the interests of landowners will be properly taken into account, in each case, before that action can be taken. The intention is that CROs will not be made unless all reasonable efforts have been made to secure the rights by agreement. We have set out the framework which we think is appropriate to govern the availability of CROs in the transitional period, while we review the existing regime for compulsory rights. We think that provides adequate safeguards for the making of CROs. Together with the intention of the Secretaries of State not to confirm orders unless, in each case, it would be in the public interest for them to do so, we think that the Government have taken the right steps to ensure that the proper balance will be struck in the use of those powers between private and public interests.

The noble Lord, Lord Morris of Castle Morris, was reminded of King Richard. I must say that when the vote on the amendment moved by my noble friend Lord Stanley was lost, I felt more like King Lear: As flies to wanton boys, are we to the gods; They kill us for their sport". The gods in this case were our Back Benchers.

I hope that those who voted for the amendment are appeased; I hope that they are content with the safeguards. I therefore commend the Motion to your Lordships.

Moved, That the House do not insist on their Amendment No. 38, to which the Commons have disagreed for the reason numbered 38A.—(Lord Strathclyde.)

On Question, Motion agreed to.