Orders of the Day — Agricultural Marketing Acts.

Part of the debate – in the House of Commons am ar 26 Gorffennaf 1935.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Walter Elliot Mr Walter Elliot , Glasgow Kelvingrove

That is precisely the question I asked my legal advisers when they put these Amendments before me. I asked whether this made any effective change, and they said, "No". I said, "Why, then, should we bring this before Parliament?" They said, "Because this scheme was passed before the Act of 1933 was passed". During the passage of that Act certain modifications in wording, but not in principle, were made, and the words which concern us here are that if such a limitation of quantity were to be made, the Board must prescribe the method of determination. It is merely a technical point that if a regulation is to be made, the Board shall really set out, so that all can see, the principle by which it was proceeding to apply this regulation. My legal advisers said that the words of Section 38 as they stand in paragraph (b) do not enjoin the Board to prescribe the method of determination. They merely lay down that the Board may regulate sales of bacon by determining the quantity of bacon which may be sold; but, they say, Parliament also laid down that the Board must prescribe a method of determination, that is to say, must set out clearly the method by which it proposes to do it, thus giving an additional safeguard to the consumer and to the House. My advisers then said that because the scheme does not in set terms enjoin the Board to do this, therefore such determination might be challenged in a court of law. It is in order to remove this difficulty that we ask for the Amendment to be incorporated in the scheme.