HC Deb 07 September 1909 vol 10 cc1284-6W
Mr. HENRY J. WILSON

asked the President of the Local Government Board whether his attention has been drawn to the fact that during the last eight years the Coal Smoke Abatement Society has made 3,222 complaints to the West Ham Corporation of the emission of black smoke from the factories within the area of the corporation without that authority taking legal action in any instance; whether such complaints and the failure of the corporation to discharge the duties imposed upon it by The Public Health Act, 1875, have been submitted to the attention of the Local Government Board; whether it is competent for the Department to take upon itself the powers and duties of a defaulting local authority; and whether any action has been taken, or will be taken, in the matter?

Mr. BURNS

I am aware that the society have made numerous complaints to the town council on this subject. The latter have, I understand, served a number of notices calling for abatement of the nuisance, but I do not gather that they have proceeded for penalties before the justices. The Local Government Board have from time to time brought this matter under the notice of the town council. The Board are not empowered to take upon themselves the powers and duties of a local authority who have made default in relation to nuisances under the Public Health Act, 1875, but they could authorise an officer of police acting in the district to institute proceedings if the default of the authority was proved to their satisfaction. Any officer so appointed, however, would have no greater power to take action than is conferred by the Act on any person aggrieved by the nuisance, or any inhabitant of the district, or any owner of premises within it.