Orders of the Day — Emergency Laws (Re-Enactments and Repeals) Bill

Part of the debate – in the House of Commons am 12:00 am ar 3 Mehefin 1964.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Gilbert Mitchison Mr Gilbert Mitchison , Kettering 12:00, 3 Mehefin 1964

I think that the form and substance of this Measure is interesting from one general point of view. What the Government claim to have done is to have gone through the Defence Regulations and preserved in the form of Clauses in this Bill those which are still required. When I look at Clauses 1 to 6 I find that every single one of them is, as one would expect, a Clause providing for delegated legislation, and when we are told that there is something unnecessary and oppressive in this, I think I am entitled to look at the Government's view in this matter. They seem to think that some sweeping controls are necessary. I am not saying that I disagree with them, but if we look at the language of Clause 2, which deals with the Treasury's financial controls over securities, gold and so on, we find that not only are securities very widely defined but that the Clause gives exceedingly sweeping powers under very general terms.

I have no objection to this. I think that control of that sort is necessary and I am glad that the Government recognise it. However, I sometimes wish that they would stop talking nonsense about the perils of having controls and the perils of making Orders. Masses of Orders come to this House week by week from various Government Departments, and some of them, by the nature of the case, produce more than others. Under modern conditions Order-making powers of that character are necessary. What we in Parliament have to do is to see that we keep some control over them in the form of the present arrangements about affirmative or negative procedure and to look at the procedure itself from time to time to see if it is sufficient to give effective democratic control over these masses of Orders.

A great many of them are local matters and are done under a general authority given by some Statute or other by Parliament. Probably it would be very rare to find an occasion on which Orders of that character have to be examined. Even there, however, one notices that there is a need for a check. The Statutory Instruments Committee from time to time rightly and properly calls our attention to some excess of power or some failure to carry out proper procedure. I accept and note that the Government themselves, facing the problem, have considered it necessary to continue in the form of Clauses in a Bill very sweeping powers. Some may be most sweeping, but all are by no means limited. They contain in several cases general words which no doubt refer to existing powers which have not necessarily been used.

In answer to the hon. Member for Ormskirk (Sir D. Glover) and others, it does not seem a definite argument that when a power has not been in use for some time it is, therefore, unnecessary. The unused powers may be necessary as deterrents. My hon. Friend the Member for Sowerby (Mr. Houghton) quite clearly pointed that out. I do not think that the hon. Member for Ormskirk can have heard that part of his speech. One can think of many instances where that is obvious other than those which arise directly under this Bill. I always remember the story of a solicitor who had to deal with a rather tiresome person against whom the solicitor's client had some rights, and who was thought to be protected by the Statute of Limitations. At the critical moment the solicitor—a rather astute gentleman—pulled out a drawer in his desk and produced the writ which he had taken care to issue during the statutory period, thereby depriving his peccant opponent of the thought that his case was completely watertight.

I am not going into details about jute. I do not know enough about them. True enough, I had a relative by marriage who once inspected the Dundee sewers and found them extremely attractive because they had a most engaging mixed smell of jute and oranges. That does not entitle me to pretend to a great knowledge of the industry as it now is. A power is being used avowedly by the Government to protect the industry itself. It may be efficient in some senses and in some inefficient. I am not concerned with that, but the power exists to deal with jute as a method of practically fixing the price, but a power is being dropped because at the moment it is unnecessary. That is the power to deal with raw jute.

I do not want to go into this at great length now—it is perhaps much more of a Committee point—but at a moment when unemployment is serious in Dundee the existing remedy may not be sufficient. At a moment when a working party is considering the whole question, I should have thought it far safer to retain the power in relation to raw jute as well as in relation to manufactured jute. There is no harm in keeping the power for the time being, even if it is not used. It is very much better in a matter of this sort where men's jobs and livelihood are at stake to keep existing powers, even if we do not need to use some of them, than to drop them. This is a human problem. I regret that the Government have chosen this moment to drop that particular power.