HC Deb 11 August 1904 vol 140 cc329-32

Lords Amendments considered.

Lords Amendment. In page 2, line 32, after the word ('purpose') to insert the words (4) 'Any costs incurred by the Commissioners of Inland Revenue on an appeal from their decision to the High Court under this section shall, unless the High Court order those costs to be paid by some party to the appeal other than the Commissioners, be paid out of the amount to be paid as compensation.'

The next Amendment read a second time.

MR. CORRIE GRANT (Warwickshire, Rugby)

said he did not see why an entirely new principle in regard to costs should be put into the Bill in this way. Perhaps one of the Law Officers of the Crown would inform the House why the Government proposed to agree with this Amendment.


said that under Section 10 of the Finance Act, 1894, an appeal was given from the Inland Revenue Commissioners to the High Court, and under Sub-section (3) of that section the costs of the appeal were in the discretion of the High Court, and therefore could be awarded against the Inland Revenue Commissioners. This of course was right as regarded estate duty, inasmuch as the Commissioners of Inland Revenue were interested parties but it was not right in this case, where the Commissioners were mere valuers, and when they were brought in merely to save expense to the parties. In this case the Government thought they should not be liable for costs; but that the costs if not ordered to be paid by other parties should come out of the compensation money.

Lords Amendment. In page 4, line 27, to leave out from the word ('be') to the end of the subsection and insert the words ('allocated to such purposes of public benefit not chargeable to the rates as the confirming authority determine'.)

The next Amendment read a second time.


It is my duty to point out to the House that this Amendment constitutes a substantial breach of the privileges of this House, as it appropriates to purposes different from those prescribed by this House the proceeds of the charges authorised under Section 4 of the Bill.


After your ruling, Mr. Speaker, which is to the effect that this Amendment constitutes a breach of the privileges of the House, I move that we disagree with this Lords Amendment. Personally I have some sympathy with the modification of the clause as it left the House of Commons; but it is quite clear after what you have said from the Chair, that it would be most improper that the matter should be pressed further. I therefore move on behalf of the Government that this Amendment be disagreed with.

Lords Amendment. In page 4, line 38, after the words ('1874') to insert the words ('(6) On the confirmation of a new on-licence, the confirming authority may, with the consent of the justices authorised to grant the licence, vary any conditions attached to the licence under the provisions of this section.')

The next Amendment agreed to.

Lords Amendment. In page 5, line 3, to leave out from the word ('them') to the word ('shall') in line 6, and insert the words ('under this section and in a county.')

The next Amendment amended, and agreed to.

Subsequent Lords Amendments to the Amendment in page 5, line 35, agreed to.

Lords Amendment. In page 5, line 35, after the word ('time') to insert the words ('not exceeding fifteen years.')

The next Amendment read a second time.


thought the Amendment introduced a rather important precedent. It was a sort of intimation to quarter sessions that they might borrow for a period of fifteen years. He had two objections to offer. In the first place, the Amendment stereotyped this legislation for a very long period; and secondly, if quarter sessions accepted this intimation and borrowed for fifteen years it was certain that the fund at their disposal would soon be exhausted and all licences would become freehold property during the rest of the period.


said it rested with the Home Secretary under the rules to say the number of years for which money might be borrowed. He was not prepared to make a statement now as to the action the Home Office might take when they came to consider these rules. He proposed to consult with certain chairmen of quarter sessions in the framing of the rules, and he would consult with them as to the time for which the money was to be borrowed within the limits introduced by this Amendment

Lords Amendments. In page 5, line 38, after the word ('fund') to insert the words ('and of any sums paid in 'respect of new licences'); in page 5, in line 39, after the word ('session') to insert the words ('and so far as respects sums paid for new licences of the confirming authority.')

The next Amendments disagreed to.

Remaining Lords Amendments agreed to.

Committee appointed to draw up reasons to he assigned to the Lords for disagreeing to certain of their Amendments to the Bill.

Committee nominated of—Mr. Asquith, Mr. A. J. Balfour, Mr. Secretary Akers-Douglas, Mr. Solicitor-General, and Mr. Whittaker.

Three to be the quorum.

To withdraw immediately.—(Mr. Secretary Akers-Douglas.)