Part of the debate – in the House of Commons am ar 15 Gorffennaf 1925.
No, as I understand, the point which we are discussing is this, in what places there are appeals, and I think that the hon. Member for East Middlesbrough (Miss Wilkinson) is anxious to know in which cases of decisions by the Minister there is an appeal. So far as I understand it, there is to be no appeal in any case where a Minister may make an order. They are all, I understand, to he discretionary, within the meaning of this proviso. If that be so, it would appear to cut out cases in which the Minister may make Regulations dealing with various matters. For instance, under Clauses 17 or 23, and in many other oases, apparently, there is to be no appeal from any of them. If that be so, I think that a great many people were under the impression, as I certainly was, that this Clause was not intended to apply to cases where the Act expressly stated that the matter was within the discretion of the Minister. For that reason I have been looking through the Bill to see if there are any cases in which dis-
cretion is given to the Minister, otherwise than I have stated, and I can find none. The Minister will find the proviso curiously worded in that portion which uses the words "final and conclusive." The words are
any matter as to which the decision of the Minister is by this Act made final and conclusive.
It continues
or any matter which by this Act is a matter within the discretion of the Minister.
There is an enormous number of Acts of Parliament in which discretion is expressly given—such and such a matter shall be left to the discretion of the Minister—and I understand, reading this Clause, and the proviso that it was limited to cases in which there was an express discretion given to the Minister by the Act. Now that he says that it is intended to cover every case where you have the word "may" it makes it very much wider. A great many hon. Members did not quite appreciate it. I certainly was under the impression that it simply affected matters in which something was loft to the discretion of the Minister.