CAB37-17 — Page 19

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CONFIDENTIAL.

Suggestions for the Amendment of Private +

Bill Legislation.

MY own intention had been to propose to the Cabinet a tentative scheme, which would have utilized the spare time of the Railway Commission by enabling Parliament to refer to them large classes of Private Bills. But if it is desired to attempt a complete reform of the present system, a larger proposal is required.

I start with the proposition that Parliament ought to retain effective control over the principles of Private Bill legislation, while delegating to others the examination of details.

One way of dealing with the matter would be to extend the system of Provisional Orders, which has undoubtedly been successful. It must be remem- bered, however, that hitherto it has been tried only on schemes of minor importance, and not in the case of any of the large proposals, which are so contentious that every opportunity of litigation will be taken. In such cases the Provisional Order system would be more expensive than Private Bill legislation, as it now exists, and would only in part relieve Parliament of its work. But, in addition to this, all cases of novelty and impor- tance ought to be submitted to Parliament before the parties are put to the great expense of a contentious inquiry of any sort. Take, for instance, the Channel Tunnel, electric lighting, steam on tramways. All these questions, being of great importance, ought, when first brought forward, to be disposed of by Parliament, as is now done by discussion upon the second reading of a Bill.

Or it might be possible to proceed by a system of Provisional Orders to be laid upon the Table, and to become law, if not objected to within forty days. But this, besides exposing the parties in

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