This page lists every recorded use of the words injurious and injuriously in parliamentary debate during 1919. Each instance is reproduced in its context as recorded in Hansard.
This survey forms part of the evidence for the correct legal interpretation of injurious weeds in the Weeds Act 1959. See also why “harmful weeds” misrepresents the law.
| Speaker | Context |
|---|---|
| Mr. MACQUISTEN | Anything that will foster that spirit is most injurious to the national welfare. |
| Sir D. MACLEAN | If it is going to be carried on for a little while, cannot they bring up some fresh proposal where by we can have a chance of assisting them to put a stop to the present system, which is undoubtedly injurious, and to put something else in its place which will meet with our approval and the hearty and unanimous support of the House? |
| Mr. SHORTT | So far as I know, every case of injurious affection, whether of a consumer or an undertaker, is protected. |
| Mr. MOLES | He will find he has undertaken a rent which he cannot discharge out of his own resources, and ho will then proceed to sublet, and so set up a double tenancy, with all the injurious conditions of life which attend them. |
| Colonel WEDGWOOD | It is not even being taken away from the owner and that he can put in claims for injurious affection or for destruction of amenities or for indirect damage due to the use of the water, and on top of that 10 per cent, compensation for compulsory acquisition seems perfectly monstrous. |
| Mr. BRIDGEMAN | If anybody is affected injuriously, they have only got to appeal, and if they are enabled to establish that the alteration would entail unreasonable expense, either the Order would not apply to those undertakers or it would apply subject to such conditions as would perfectly well protect them. |
| Lord H. CAVENDISH-BENTINCK | asked the Prime Minister whether, in pursuance of the declaration contained in his letter of 25th February, 1918, to the Chairman of the Irish Convention that the only hope of agreement lies in a solution which provides for the unity of Ireland under a single legislature with adequate safeguards for the interests of Ulster and the Southern Unionists, the Government will formulate proposals which will give to an Irish Parliament, through an Irish Executive, complete control over all internal affairs including the levying of all taxes, and at the same time recognise the rights of minorities by giving to an Irish legislature representative of the Province of Ulster power to alter and forbid legislation and administration injuriously affecting their moral and material interests? |
| Mr. JAMESON | Under the 1909 Act it is provided that property shall not be deemed to be injuriously affected by reason of the making of any provision in a town-planning scheme which, with a view to securing the amenity of the scheme, prescribes or limits the number of buildings or prescribes the height or character of those buildings. |
| Major O'NEILL | The Home Secretary-had every power he required to deport every one of them during hostilities, and yet so little injurious were they to the country that he never took advantage of his powers to deport them, but allowed them to stay free and uninterned. |
| Sir S. HOARE | Let me suggest that the continued occupation of these hotels when 782 there is an unprecedented demand for hotel accommodation is reacting most injuriously upon the whole of the housing problem in London. |
| Mr. A. SHAW | This measure, as it left this House, was intended to sweep away the abuse of fancy compensation for injurious affection and other matters. |
| LORD ISLINGTON | No experienced opinion on this subject, either in this country or in India, could regard such a proposal as other than premature and productive of results which would ultimately be injurious to the future progress of the Parliamentary system in India. |
| LORD SHAW | Compensation was given in respect of the letting value of the land to be occupied by the new holder, or of any farm of which the land formed a part, or to any tenant in respect that the land formed part of the whole of 322 his tenancy, or to any land in respect of an obligation to take over sheep stock at a valuation; and then come these fatal words— "or in respect of any depreciation in the value of the estate of which the land forms part in consequence of, and attributable to, the now holdings." Parliament is not unacquainted with this subject of injurious affection of land. |
| LORD SHAW | Since the Railways Clauses Act, 1845, and The Lands Clauses Act of the same year Parliament has been well acquainted with the fact that there must be a payment, not only for the land taken, but for the injurious affection of land or buildings in the immediate proximity of which buildings a part is taken, and a part only, under the scheme. |
| LORD SHAW | I know what your Lordships will say in reply to me: Is it not right when the value of an estate is affected as, for instance, when the shootings are affected injuriously, that there should be a payment for that in addition to the payment for the land taken? |
| THE EARL OF SELBORNE | In both those cases the Lands Clauses Acts come into operation, and if there is injurious affection it is taken into account either in the purchase price or in the rent paid for compulsorily hired land. |
| THE SECRETARY OF STATE FOR FOREIGN AFFAIRS (EARL CURZON OF KEDLESTON) | That would not only be injurious to the Austrian Government, but it would be a scandal to the art-loving world. |
| THE LORD CHANCELLOR | : My Lords, the Amendment inserted by the Commons has been put in the Bill in the hope that it may supply some alleviation in cases where anxiety is genuinely felt that a scheme will affect injuriously the position of a landlord. |
| Mr. CHAMBERLAIN | I hope to see a return to normal Cabinet government before very long, but I hope never to see a return to that form of Cabinet government which was practised under Mr. Asquith—an assembly of twenty-one or twenty-two gentlemen held publicly responsible by the Prime Minister for matters which they could not discuss, and which it would have been injurious that they should discuss—a machine which would not work well in peace, and which broke down under the stress of war. |
| Lord HUGH CECIL | : Will the right hon Gentleman so adjust the time of the House as to avoid the necessity for an Autumn Session, which is very injurious to the public service and also leads to extravagance in the public finances? |
| Sir R. HORNE | Regulations were made in 1908 to deal with injurious fumes which arise during the process of casting in certain brass foundries, and these Regulations, I understand, have had excellent results. |
| Sir M. CONWAY | : I beg to move, in Sub-section (3), after the word "inadequate," to insert the words "or injurious to the natural beauties or architectural amenities of the neighbourhood." 884 I desire merely to get such assurance as the right hon. Gentleman is able to give me as to the attitude of the Local Government Board in this matter. |
| Dr. ADDISON | Inserted in this Clause the Amendment would make it read that the Board would have to consider whether a scheme was inadequate or injurious to the natural beauty or architectural amenities of a district and that, if so, the Board might refuse to approve the scheme. |
| Dr. ADDISON | Does that not mean this, that in any case where we refuse to approve that scheme, we should have to give our reasons for considering that it was injurious to the natural beauties or architectoral amenities of the neighbourhood? |
| Mr. RAWLINSON | : The Amendment has not been on the Paper, and therefore hon. Members may not quite have understood what it was, but the words are: "or injurious to the natural beauties or architectural amenities of the neighbourhood." It is not, therefore, a question of the houses themselves, but of the position where the houses are being put up. |
| Mr. RAWLINSON | As I understand it, it is necessary to provide that houses should not be put up in such places as parts of the Lake District, where it might be considered injurious to the neighbourhood to have buildings of any kind. |
| The ATTORNEY-GENERAL for IRELAND (Mr. A. W. Samuels) | But I will deal with it on the line in which it is argued—that the Belfast Water Commissioners are injuriously affected by the Bill as it now stands. |
| Dr. ADDISON | Also with respect to the first portion of his proposal, Sections 71 and 75 of the Public Health Act, restrict these rooms to "a, room habitually used as a sleeping place, the floor of which is more than three feet below the surface of the street," which shall be deemed to be a dwelling house dangerous or injurious to health and be unfit for human habitation and therefore subject to a closing order. |
| Mr. INSKIP | I imagine that many of the commanding officers gave that reply, and I fail to see what there is injurious either to the trade union, to the Army, or to the State that commanding officers should be asked for such information as this, or that they should supply it when asked for it. |
| Mr. MURRAY MACDONALD | Formal complaints of this congestion and of its injurious effects date back as far as the year 1837. |
| Mr. MURRAY MACDONALD | It injuriously affects our relations with the self-governing Dominions. |
| Sir C. WARNER | The hon. and gallant Gentleman fought well, but he says things which are injurious to his country, quite unconscious of the fact that he is doing a great deal of harm. |
| Mr. CHAMBERLAIN | or returning the capital, say, in ten or twenty years' time, that you save yourselves from the injurious effects which followed the old lottery, and which are inherent in gambling in other and unlicensed forms? |
| Sir R. ADKINS | Therefore I move this Amendment, which seeks to exclude from the purview of the Bill the injurious affecting of the rights of persons who are not within the benefits of the Bill and who have no share in the ecclesiastical arrangements for the purposes of which the Bill is promoted. |
| Mr. T. THOMSON | They are injurious in the best interests of the health of the people who have to live there. |
| Sir J. BUTCHER | It is quite possible for a local authority to go to the lord of the manor and the owners of the common rights and by agreement purchase the common, and that would be done behind the back of Parliament, and in a way which would be very injurious to those who desire to protect the common. |
| Sir J. HARMOOD-BANNER | mentioned in the Press; and whether this limited supply is injurious to persons sick from influenza who are ordered brandy or whisky by their doctors? |
| Mr. BALFOUR | In chapter (5), paragraph 18, we read— 1795 "If the shareholders in the railway and canal company should be expropriated and the railways and canals thus become under whatever form of administration and State enterprise, they would, upon the principle that we have adopted, become the sphere of a separate Ministry of Railways or of Transport." And then in a later paragraph (27) we find these words— "A Minister and a Department directly charged both, with the administration of the State enter-prise and with the regulation of private enterprise in the same or any cognate services will inevitably be suspected of bias towards one or the other in a way injurious, as we suggest, to both of them." The first of these paragraphs which I read out presupposes that the Ministry is only to be set up in the event of nationalisation, and that brings me back to the earlier part of my reasoning, in which I stated that if the speech of the right hon. Gentleman meant anything, it meant a, plain out-and-out proposal for nationalisation. |
| Sir HENRY CRAIK | No opportunity is ever offered for the consideration of the health problem as a whole; lack of co-ordination between the various Departments has led to conditions injurious to the health which might have been easily remedied at the outset; individual public health measures are presented and pressed forward second, and very often third or fourth hand, or not presented at all—killed or mutilated for some unknown reason by some unknown official of the superior hierarchy; measures with a strong public health bearing are discussed and agreed to without consultation with the Department, which is left with the choice between silence and a belated and irritating protest." We have accomplished a great work in Egypt. |
| Mr. W. R. SMITH | Surely it is best to be safe in this respect, and not leave anything to interpretations in a Court of law, which might ultimately decide in a way that would be injurious to the trade itself! |
| Colonel Sir A. SPROT | I submit, however, that no injurious monopoly is exercised by the company in question. |
| Lord HUGH CECIL | We think, as, of course, I think the largest part of the Government think, or a very large part, that the original proposal was robbery and was injurious to religion. |
| The SECRETARY of STATE for WAR (Mr. Churchill) | On the other hand, I think that we are entitled, when definite specific points of policy are 1177 attacked, when allegations of a very injurious kind are made, to make precise and definite answers. |
| Mr. RAFFAN | With reference to that matter, I do suggest that, at any rate, the power of suspending the operation of a trust or combination, which is found to be working injuriously against the interest of the community, is at least the power ho ought to have himself, and I suggest that if he does not take steps to arm himself with that power, it will be impossible for him to strike at the real causes of the, evil. |
| Mr. KELLAWAY | I very much regret the inconvenience that has been caused, but I should like to add that, in the opinion of my advisers, the fumes, in the diluted form in which they occasionally escape into the atmosphere, though objectionable, are not injurious to health. |
| LORD PHILLIMORE | During the war it was quite right to intern every ablebodied man who could bear arms, and anybody against whom there was a shade of a shadow of suspicion that he might be injurious to this country; and you could not wait to consider or to distinguish, and you were bound in the interests of the country to preserve it as far as possible in that way. |
| EARL STANHOPE | A resolution has been passed against it in various parts of the country, in which the Bill is described as injurious and as being detrimental to the interests of stockholders. |
| EARL STANHOPE | It would be absurd to say that any Bill making anésthetics compulsory for an operation on a human being was injurious to that human being, or detrimental to the interests of those concerned. |
| THE EARL OF ANCASTER | In addition to that I also believe that, though the noble Earl in charge of the Bill said that the proviso distinctly refers to companies or persons who supply water under Act of Parliament, the clause also says— "… take or use for the purpose of supply within any area, or any water the abstraction of which would, in the opinion of the Local Government Board, injuriously affect the working or management of any canal or inland navigation." I am a little doubtful whether these people get their water under Act of Parliament. |
| LORD BLEDISLOE | In this connection I may remind your Lordships that there is a vast field of research which so far as this country is concerned has yet to be undertaken in the matter, amongst other things, of those pests which are injurious to various trees in this country. |
| THE EARL OF CRAWFORD | Apart from them it is difficult to think of pests equally injurious to conifers and turnips or grain. |
| THE EARL OF CRAWFORD | Broadly speaking, I think we are pretty well acquainted with the fauna which are injurious to forest life, but I certainly fear I am not in a position to give any clear definition of the point which, of course, is one of very great complexity. |
| LORD SHEFFIELD | This 830 proposal, which enables the Commissioners to employ a competent man, and send him forth over the length and breadth of the country to kill animals which are considered injurious, and levy his costs on those on whose land he operates, is a most impracticable one. |
| THE EARL OF LYTTON | The owners of the undertaking, however, if they consider that such orders are seriously injurious to their interests, may appeal, in the case of England and Ireland, to the Lord Chief Justice, and in the case of Scotland to the Lord President of the Court of Session. |
| VISCOUNT DEVONPORT | Sir Eric Geddes in his defence said that the docks were not left completely outside the scope of the Bill; that the docks could receive orders in everything, and would have to carry out the orders in everything unless they could show that it was seriously injurious to the undertaking or trade of a port. |
| VISCOUNT CAVE | Therefore you would by your action prolong the stagnation which is so injurious to the agricultural industry and to the country as a whole, and you would put a serious obstacle in the way of the housing as well as of the agricultural schemes of the Government. |
| VISCOUNT CAVE | That is a practical effect, and I think an injurious effect, of the course which is proposed. |
| Mr. KELLAWAY | You can only create an injurious monopoly when you monopolise something that the public must have and for which there is no substitute. |
| Colonel WEDGWOOD | Claims will be made, excessive compensation will be paid, injurious affection will come in, severance and all those additional claims for compensation will arise. |
| Mr. CAUTLEY | The House can easily understand that carrying a huge aqueduct through a considerable stretch of country must involve very serious claims for severance and injurious affection. |
| Mr. CAUTLEY | Gentlemen of the school of thought of the hon. and gallant Member for Newcastle-under-Lyme sweep away in an airy fashion all claims for severance, consequential damages, and injurious affection, but in most of the cases that are fought these are the most substantial claims, and the cases in which it is most difficult to arrive, at a proper ascertainment of the value. |
| Mr. CAUTLEY | Therefore, the trouble in these cases is not the question of valuation, and I am surprised that a Member of the great legal experience possessed by the right hon. Gentleman the Member for Duncairn should try to induce the House to believe that the questions arising under this Bill are mainly questions of valuation of land, and that he does not realise, as any public authority could tell him, and as the official of the London County Council has told me, that the question of the valuation of the land is in itself a very small matter, and that the important claims are claims for damages, severance, or injurious affection resulting from taking part of the house or of the land. |
| Sir D. MACLEAN | The hon. and learned Member for East Grinstead (Mr. Cautley) said quite rightly from his point of view—and I quite accept it as an argument against my proposal from that point of view—that any valuation of amenities and injurious affection—and all those who know what that phrase ''injurious affection" has meant in the past in the valuation of properties for public purposes, either required by a railway or by a local authority, know the vision of imaginative values which have been thrown upon the railway companies and public bodies in endeavouring to get land for public purposes. |
| Sir D. MACLEAN | The hon. and learned Member for East Grinstead (Mr. Cautley) said quite rightly from his point of view—and I quite accept it as an argument against my proposal from that point of view—that any valuation of amenities and injurious affection—and all those who know what that phrase ''injurious affection" has meant in the past in the valuation of properties for public purposes, either required by a railway or by a local authority, know the vision of imaginative values which have been thrown upon the railway companies and public bodies in endeavouring to get land for public purposes. |
| Mr. L. SCOTT | : May I propose a new Sub-section dealing with injurious affection? |
| Mr. L. SCOTT | "For the purposes of this Section the word 'compensation' shall include ' injurious affection." It is vitally important that it should be made clear in the Bill whether the word "compensation" is used in its narrow sense or in its wide sense. |
| Sir D. MACLEAN | I should like to ask the Home Secretary whether I am right in the assumption that it is open to the new body of valuers to take into their assessment what is known as injurious affection, and the whole range of claims which have come up under separation of a hereditament or the injury done by the taking away for public purposes of one bit of land to another piece of land which is not taken over. |
| Sir D. MACLEAN | It is well worth while that the House should understand what injurious affection means. |
| Sir D. MACLEAN | There is a very able summary of this point in the Report which has been placed in the hands of hon. Members, and it is the second Report of the Committee dealing with the lay and practice relating to the acquisition of land for public purposes, and it lays down the principle upon which compensation is given for injuriously affected land under the provisions of the Lands Clauses Act of 1845. |
| Sir D. MACLEAN | The principle on which compensation is given for injuriously affected land is laid down in the Lands Clauses Act of 1845, which I have already quoted. |
| Sir D. MACLEAN | As I understand it the whole range of the doctrine of injurious affection comes within the ambit of the powers of the new valuers under this scheme and there is nothing in the Bill to prevent the new valuers doing otherwise than be compelled to take into their settlement the question of injurious affection. |
| Sir D. MACLEAN | As I understand it the whole range of the doctrine of injurious affection comes within the ambit of the powers of the new valuers under this scheme and there is nothing in the Bill to prevent the new valuers doing otherwise than be compelled to take into their settlement the question of injurious affection. |
| Sir D. MACLEAN | At any rate, I say it is not intended by the House and certainly not by the country, and it would astound the country to know that the same system of valuation in regard to injurious affection is going to be brought within the ambit of the powers of the new valuers where land is going to be taken for these urgent, vital, and pressing public needs. |
| Sir D. MACLEAN | Let me summarise what it says: "In our opinion injurious affection falls into two classes: Firstly, damage to an owner whose land is taken, arising directly from the taking." That is by the severance or disturbance of occupation. |
| Sir D. MACLEAN | Under the Bill as it stands, the central valuers can deal with this question of injurious affection, and can give some compensation in respect of it. |
| Sir D. MACLEAN | If this basis which I suggest is not put in, the valuers will have no option but to move upon the old unjust lines of valuation, and the whole range of injurious affection will be thrust upon them. |
| Sir D. MACLEAN | If this Clause stands as at present drafted, with the question of severance and injurious affection caused by it, the valuers will have no option but to deal with that land somewhat on the basis of the claim made by the owner at present, and the object of my Amendment is that the land valuers appointed under this Bill shall have express Parliamentary direction that their basis, in approaching such a transaction, shall not be the price which the owner of that piece of land might be able in open market to force upon a willing buyer, in addition to the claim for severance, but that they shall start on a basis already ascertained by valuation by two local authorities, the rating and the district valuer, and probably the valuation for Succession or Probate Duty, and that on that they shall proceed to allot the compensation required to be paid by the local authority to the claimant. |
| Mr. SHORTT | They do not deal with the question of severance or injurious affection. |
| Mr. RAFFAN | I believe the land which the Noble Lord is willing to sell to the district council is trust property, and I presume that if he acted injuriously to the trust it would be possible to call him to account. |
| Sir D. MACLEAN | On that the, valuers are to have the power of adding what they may think just and right with regard to other considerations, including the question of separation and injurious affection. |
| Mr. CAUTLEY | The claims will be very varied and will involve composite claims for loss of business, for removal, for mineral rights, timber rights, water rights, injurious affection, and so on, all of which are extremely difficult questions. |
| Mr. SCOTT | Injurious effect, trade disturbance, and so on are not included, but if you can get this as a basic factor it will help. |
| Mr. HOGGE | In this Bill the House is called upon to extinguish as far as possible indirect claims, variously defined as injurious affection, in order that the public authority should be able to buy the land at a much less impossible price. |
| Mr. JOYNSON-HICKS | Provided that if the owners of such undertaking consider that any such requirements of the Minister are likely to be seriously injurious to the undertaking, or to the trade of the port, they may appeal, in the case of an undertaking situate in England or Wales to the Lord Chief Justice of England, or in the case of an undertaking situate in Scotland, to the Lord President of the Court of Session, or, in the case of an 811 undertaking situate in Ireland, to the Lord Chief Justice of Ireland, and if it appears to such Lord Chief Justice or Lord President that a prima facie case is made out that the requirements of the Minister would be so injurious as aforesaid he shall forthwith appoint an arbitrator to hold an immediate inquiry, and if the arbitrator reports that the carrying out of the requirements of the Minister will be so injurious as aforesaid the Minister shall revoke his requirements, without prejudice to the power of the Minister to issue a new Order. |
| Mr. JOYNSON-HICKS | Provided that if the owners of such undertaking consider that any such requirements of the Minister are likely to be seriously injurious to the undertaking, or to the trade of the port, they may appeal, in the case of an undertaking situate in England or Wales to the Lord Chief Justice of England, or in the case of an undertaking situate in Scotland, to the Lord President of the Court of Session, or, in the case of an 811 undertaking situate in Ireland, to the Lord Chief Justice of Ireland, and if it appears to such Lord Chief Justice or Lord President that a prima facie case is made out that the requirements of the Minister would be so injurious as aforesaid he shall forthwith appoint an arbitrator to hold an immediate inquiry, and if the arbitrator reports that the carrying out of the requirements of the Minister will be so injurious as aforesaid the Minister shall revoke his requirements, without prejudice to the power of the Minister to issue a new Order. |
| Mr. JOYNSON-HICKS | Provided that if the owners of such undertaking consider that any such requirements of the Minister are likely to be seriously injurious to the undertaking, or to the trade of the port, they may appeal, in the case of an undertaking situate in England or Wales to the Lord Chief Justice of England, or in the case of an undertaking situate in Scotland, to the Lord President of the Court of Session, or, in the case of an 811 undertaking situate in Ireland, to the Lord Chief Justice of Ireland, and if it appears to such Lord Chief Justice or Lord President that a prima facie case is made out that the requirements of the Minister would be so injurious as aforesaid he shall forthwith appoint an arbitrator to hold an immediate inquiry, and if the arbitrator reports that the carrying out of the requirements of the Minister will be so injurious as aforesaid the Minister shall revoke his requirements, without prejudice to the power of the Minister to issue a new Order. |
| Mr. JOYNSON-HICKS | It takes away the right of the Minister to take possession of the docks and harbours and exercise all the powers under Clause 3, and it gives him power to require improvements in docks for purposes of transport, but with power to the dock authorities to appeal to an arbitrator if they think it would be injurious to their undertaking or the trade of the port. |
| Sir E. GEDDES | The other thing it does is this— it gives' the dock boards the right, if it thinks that the orders of the Minister, the order which he is empowered to give by this very Clause, is seriously injurious to the undertaking— that is to say, if it was something really big that was going to hurt the trade of 833 the port— it gives them the right to go to the Lord Chief Justice or to the President of the Quarter Sessions, as the case maybe, and put up a case to him and say, "This is so serious an order that we fear our undertaking or port is going to be ruined. |
| Sir E. GEDDES | They can receive orders in everything and will have to carry out the orders in everything unless they can show that it really is seriously injurious to the undertaking or trade of a port. |
| Sir W. RAEBURN | Upstairs we fought all the way through for an appeal from any order of the Minister which in the opinion of the authorities might be prejudicial or injurious to the undertaking. |
| Sir W. RAEBURN | But if he is going to do something serious, which is going to injure the port, such as the diversion of traffic, or keeping on unnecessary undertakings, or parts of docks or sheds which we think unnecessary then we will say to this legal authority: "We think that that is unreasonable and injurious to the port." The dock authorities who have come to their present state of efficiency, which is acknowledged even by the Ministers in charge of this Bill, have gone a long way to meet the Government. |
| Sir E. GEDDES | Provided that if the owners of such undertaking consider that any such requirements of the Minister are likely to be seriously injurious 850 to the undertaking, or to the trade of the port, they may appeal, in the case of an undertaking situate in England or Wales to the Lord Chief Justice of England, or in the case of an under taking situate in Scotland, to the Lord President of the Court of Session, or, in the case of an undertaking situate in Ireland, to the Lord Chief Justice of Ireland, and if it appears to such Lord Chief Justice or Lord President that a promâ facie case made out that the requirements of the Minister would be so injurious as aforesaid he shall forth with appoint an arbitrator to hold an immediate inquiry, and if the arbitrator reports that the carrying out of the requirements of the Minister will be so injurious as aforesaid the Minister shall revoke his requirements, without prejudice to the power of the Minister to issue a new order." |
| Sir E. GEDDES | Provided that if the owners of such undertaking consider that any such requirements of the Minister are likely to be seriously injurious 850 to the undertaking, or to the trade of the port, they may appeal, in the case of an undertaking situate in England or Wales to the Lord Chief Justice of England, or in the case of an under taking situate in Scotland, to the Lord President of the Court of Session, or, in the case of an undertaking situate in Ireland, to the Lord Chief Justice of Ireland, and if it appears to such Lord Chief Justice or Lord President that a promâ facie case made out that the requirements of the Minister would be so injurious as aforesaid he shall forth with appoint an arbitrator to hold an immediate inquiry, and if the arbitrator reports that the carrying out of the requirements of the Minister will be so injurious as aforesaid the Minister shall revoke his requirements, without prejudice to the power of the Minister to issue a new order." |
| Sir E. GEDDES | Provided that if the owners of such undertaking consider that any such requirements of the Minister are likely to be seriously injurious 850 to the undertaking, or to the trade of the port, they may appeal, in the case of an undertaking situate in England or Wales to the Lord Chief Justice of England, or in the case of an under taking situate in Scotland, to the Lord President of the Court of Session, or, in the case of an undertaking situate in Ireland, to the Lord Chief Justice of Ireland, and if it appears to such Lord Chief Justice or Lord President that a promâ facie case made out that the requirements of the Minister would be so injurious as aforesaid he shall forth with appoint an arbitrator to hold an immediate inquiry, and if the arbitrator reports that the carrying out of the requirements of the Minister will be so injurious as aforesaid the Minister shall revoke his requirements, without prejudice to the power of the Minister to issue a new order." |
| Colonel GREIG | : The effort of this Amendment, which has been moved in order to provide an appeal under the Clause which the Government has already accepted in the interests of the dock and harbour companies this afternoon, would be to allow a dock or harbour company, where it is injuriously affected, to make an appeal which would hold up the whole matter. |
| Mr. SCOTT | : I was only dealing with cases of injurious affection and owners of adjoining land, and I am willing to limit it in that way. |
| Mr. ARNOLD | I say that you may get your money too dear if you are going against sound principles and imposing a burden on the poorer classes, which is having an injurious effect on their health and efficiency. |
| Mr. CHAMBERLAIN | The Dominions have again and again disclaimed any desire to interfere in our domestic controversies, or to ask for themselves anything from us which we thought it injurious to ourselves to grant, or which we thought re-acted adversely upon our own people. |
| The MINISTER (Designate) of WAYS and COMMUNICATIONS (Sir Eric Geddes) | It is provided particularly for docks that if the Minister of Ways and Communications gives an instruction to a dock authority, a statutory dock authority, to carry out any particular modification in their working, or to undertake works which the dock authority can show would be seriously injurious to the prosperity of their undertaking, then they may have an arbitration on the order. |
| Sir DONALD MACLEAN | They are not only compensation for the value of the land, but also for injurious affection and severance. |
| Sir DONALD MACLEAN | There was a valuable report by my hon. and learned Friend the Member for the Exchange Division of Liverpool (Mr. Leslie Scott) dealing with this question of injurious affection. |
| Sir DONALD MACLEAN | I at once admit that, as far as that Report is concerned, it is in favour of this doctrine of injurious affection being included in the compensation to be given. |
| Sir DONALD MACLEAN | It is a rather difficult point to explain, but, as I take it, injurious affection means that compensation shall be paid either to the owner of the land whose land is taken —that would be under Section 63 of the Act —or to the owner of the land which is near and which is not taken, but which might be in- 2158 juriously affected by the taking of the land for public purposes. |
| Sir DONALD MACLEAN | Under the first heading the land taken from the owner, and the injurious affection to his other land, we know that, in the past, utterly ridiculous sums have been given. |
| Sir DONALD MACLEAN | In the computations made of the value of the land —and as far as I am concerned I have no objection to adequate compensation being given for other factors than the bare value of the land, when there are circumstances which arise which ought to be fairly compensated —under the Land Clauses Act there has grown up a great amount of case law, and when you are going to assess the injurious affection of the land the valuers who have to deal with it must have regard to the law as it stands. |
| Sir DONALD MACLEAN | Therefore this case law —I may be wrong, but that is my view after a study of the Bill —is brought in, and the valuers must have regard to it, and it means that considerable sums have to be given for injurious affection. |
| Sir DONALD MACLEAN | I am certain that that kind of compensation was not contemplated by the Government, either by way of sentimental value or for injurious affection. |
| Sir DONALD MACLEAN | They have, in my judgment, in this Bill lent themselves, willingly or unwillingly, wittingly or unwittingly, to a charge which can be fairly made against them that, in this measure, which goes to the root of all our great social schemes, they have injuriously given an undue advantage to landholders of all classes. |
| Mr. ARNOLD | However, in the case of these firms, it is not, for a moment, proposed to compel persons to pay, or toraise capital in order to meet the levy, when such an operation would cripple them and would be injurious to commerce and industry. |
| Mr. MARRIOTT | He argued that if you can levy this tax upon the capital of the dead without any injurious effect upon the revenue you can levy it on the capital of the living. |
| The PARLIAMENTARY SECRETARY to the MINISTRY of FOOD (Mr. McCurdy) | It was found that in the West Riding of Yorkshire, for example, the production of milk was extremely costly, owing to the peculiar conditions, the atmospheric conditions being such that all crops, including grass, are stunted in growth, lowered in feeding value, and perhaps in some instances rendered directly injurious to stock, and it is the almost universal custom for milk producers to change the greater part of their herds annually. |
| Mr. DONNELLY | asked the Chief Secretary whether he is aware of the seriousflooding that takes place every year in the Lough Neagh drainage district; that such flooding most injuriously affects five counties to an extent of over 25,000 statute acres, resulting in much loss and suffering to the occupiers of the flooded area; and if he will say what steps, if any, the Government proposes to take to remedy the existing state of things? |
| VISCOUNT CHAPLIN | The prevailing complaint, which applied to nearly every county in the kingdom, or to the great majority of them, was that so much of the arable land, and the land which had been ploughed up too, was undoubtedly so foul; and everybody knows that this is the one thing above all others which is injurious to agriculture, and which must be remedied if ever you are going to increase the production of food to a great extent within the confines of this kingdom. |
| VISCOUNT CHAPLIN | I can conceive nothing more injurious than that it should come into competition with private enterprise all over the country—upon which, after all, you must depend for the gradually increased production which is absolutely vital to us. |
| Mr. KILEY | When we are considering the workings of the principles of the League of Nations to bring about more friendly relations between the different countries, a restriction of this kind cannot fail to have a very injurious effect. |
| Sir A. WILLIAMSON | In my judgment, an increase of Income Tax would less injuriously affect credit. |
| Mr. SHORTT | : I know the hon. and learned Gentleman did mention those words to me, but I have not had an opportunity of really considering them, and if I accept them I hope it will be clearly understood if I afterwards find they are injurious that I shall be at liberty to strike them out in another place. |
| Mr. CHURCHILL | Such a course would have been not only injurious to the countries sending forth the troops, but it would, I believe, have raised a national spirit in Russia itself which would have done far more harm to the general cause that we have at heart than anything which arises from our present methods. |
| Mr. T. GRIFFITHS | They are no good to the workman and no good to the employers, and they are injurious to the community at large. |
| THE PRESIDENT OF THE BOARD OF AGRICULTURE AND FISHERIES (LORD LEE OF FAREHAM) | I think it is generally accepted that rats and mice are specially injurious to agriculture and food production. |
| THE PRESIDENT OF THE BOARD OF AGRICULTURE AND FISHERIES (LORD LEE OF FAREHAM) | They speak of it as "an old sore," "a long-standing grievance"; it was not merely a "slur" in the sentimental sense, but it was very injurious to Canada in her business relations with other countries. |
| LORD PARMOOR | It is no good giving the right of litigation as regards the persons whose trades or industries are injuriously affected. |
| LORD MOULTON | I feel, not that the clauses of the Bill need verbal amendment, but that the policy upon which it is based is a retrograde and injurious step in the history of British industrial life. |
| THE LORD CHANCELLOR (LORD BIRKENHEAD) | General Seely, however, accepted the Office, though, I rather gather from his speech, with some misgivings because of that situation, and, having had some months' experience of the Office, he came to the conclusion that this duality of control was injurious to the public service, and thereupon asked to be relieved of his Office, and was so relieved. |
| LORD MACDONNELL | It will give advantages to the intelligentsia, if I may use that word, and would be most injurious to the whole population of the more illiterate class. |
| THE LORD CHANCELLOR | It was withdrawn on the statement by the Chief Secretary that he would issue a Regulation to the following effect, not of course tying himself to the exact words— "In the selection of sites due regard shall be paid to the importance of interfering as little as possible with the amenities of any private residence or land, and care shall be taken that such amenities shall not be injuriously affected by any scheme if suitable sites which are unobjectionable are obtainable." I agree entirely that noble Lords who come from Ireland are entitled to point to the circumstances, notorious to all of us, which prevail in Ireland to-day, and they are entitled to claim that they must not be treated in their relationship with the local authorities in the same way as noble Lords who come from Scotland, from England, or from Wales. |
| THE LORD CHANCELLOR (LORD BIRKENHEAD) | That clause makes a small amendment of Section 40 of the Public Health (Scotland) 260 Act of 1897 which provides for the purifying of houses in a filthy condition, with the result that it is no longer necessary for the condition of the house to be injurious to health before the local authority can take action. |
| THE EARL OF LYTTON | 342 Lastly, there will be a reference of the matter to Parliament if it is a case which cannot be dealt with as a matter of undue preference but is held to be seriously injurious to trade generally. |
| LORD EMMOTT | : In reference to this schedule I desire to move an Amendment in the last line but one on page 13 of the Marshalled List of Amendments, after the word "person," to insert these words, "being in the case of a draft order a person affected and in a case of a draft order in council a person." The effect of this Amendment is to give, as the noble Earl has explained, a chance of objecting on preamble in reference to schemes under 3 (1) (d) but to confine the possibilities of objection in the case of objectors under Clause 9 to those whose property is injuriously affected. |
| THE SECRETARY OF STATE FOR THE COLONIES (VISCOUNT MILNER) | The public will be more satisfied, and the honest trader will no longer be exposed to injurious suspicion. |
Injurious weeds and the law | Why “harmful weeds” misrepresents the law