Part of the debate – in the House of Commons at on 15 June 1933.
Mr Wilfrid Normand
, Edinburgh West
The present position with regard to the matter dealt with in the Amendment is that it depends not upon any statutory enactment but upon a general Order whch is made under the original Statute of 1899. That general Order provides that:
Whenever a recommendation relating to a proposed Provisional Order shall have been made by the chairmen, or in a report by any public Department, it shall be referred to the commissioners. Every such report by a public Department shall be made to the Secretary of State as soon as may be and, where an inquiry is directed, at least three days before the date of such inquiry, and the Secretary of State shall cause the same to be referred to the commissioners.
Accordingly, there is only a space of three days before the inquiry actually takes place in which these reports have to be made available for those who are interested in them. The present practice is that the Scottish Office sends all the reports to the promoter's agent. It is, I think, a matter, perhaps, of justifiable complaint that the time, three days, is inadequate. My right hon. Friend, therefore, proposes, subject to the concurrence of the chairmen, which is necessary under the Act, to amend the general Order so as to provide for the making of reports of Departments at least seven days before the inquiry by the Commissioners. That, I think, will meet one part, at any rate, of the difficulty which my hon. Friend feels.
As regards the other point, namely, making these reports available to parties interested, the present practice of making them available to the promoters will continue, and, in addition, I am authorised to say that when this new Bill comes into operation, arrangements will be made by which opponents, that is objectors, to the provisional order who have an interest in the subject matter of the reports, will be able to obtain these reports either by personal attendance here at the Scottish Office, or by personal attendance at the Edinburgh Department, or by writing to the Scottish Office here and asking for them. I think my hon. Friend will agree that a combination of that alteration of the general Order, plus administrative action, will really secure the substance of what he desires. I trust that, on those undertakings, he may see his way to withdraw his Amendment, for I think a detailed procedure of that kind is not properly a matter which should be included in the Bill, but is rather a matter for general Order or administrative action.
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