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 Sir John Hobson Sir John Hobson , Warwick and Leamington 12:00, 3 Mehefin 1964

I have no intention of endeavouring to define a word which does not occur in the Bill—to deal with the last point first. All these emergency powers are linked with the Emergency Powers Act, 1920, which gives Her Majesty power by Proclamation to declare an emergency. When we are talking of emergency powers or of emergencies in relation to those powers, it is in connection with the Emergency Powers Act, 1920, and the declaration by Proclamation of an emergency that they must be read.

Both the hon. Member for Sowerby (Mr. Houghton) and the hon. and learned Member for Kettering (Mr. Michison) have drawn attention to the historical fact that we always seem to discuss this topic in conjunction with the Obscene Publications Bill. The last occasion was the Third Reading of the Emergency Laws (Repeal) Bill on 16th December, 1958, when Mr. Speaker himself, in a different capacity, addressed himself to both topics. History has repeated itself today in a matter of light and shade. One could not say that either the subject or the speeches of today's debate were all airs and graces, but it is nevertheless almost impossible to inject into the subject matter which we are debating any relevant obscenity except by way of an expletive.

An interesting historical connection struck the hon. Member for Sowerby, who showed great anxiety in that what had occurred in 1959 might have been only the prelude to a General Election and a result which he did not like in 1959. While we have to await the events of a General Election, perhaps in that respect, too, history may repeat itself.

It may well be that we ought to glance back at the history of these matters. This is no more than a minor clearing up operation in a long legislative history which began at the outbreak of the war in September, 1939. The country was to a great extent controlled, organised and run by Defence Regulations throughout the war. The Labour Government after the war got rid of a very large number of those Defence Regulations which ceased to be necessary, but nevertheless, in October, 1951 there were 215 Regulations still in existence, including the powers of controlling production, of controlling distribution, of controlling consumption and of controlling the prices of goods of any kind whatever, if the Government thought it necessary. They operated at that time on most foods, including sweets, and on soap and bread. They operated on coal, on petrol, on utility goods and on many other products. Apart from the control of goods there was extensive control of services. Building licences were still in existence. One could regulate the terms and conditions of workers in essential industries, and there was power to prohibit strikes and lock-outs. There was control of the use of agricultural land and control of the use and movement of British ships.

The hon. and learned Member for Kettering said that the Bill showed only that the Conservative Government, when they thought necessary, supported controls and delegated legislation. But there is a marked difference in substance and in spirit between a system of general control of industry, of the economic life of the country and of the way in which individuals can behave by a system of regulation, on the one hand, and what is at present being done—the taking by the Government of powers in limited and specified areas for particular topics, which are powers strictly for only such cases as are really necessary in conditions of peace.

The greater part of the task of clearing up the rule of this country by regulation was performed in 1959. Between 1951 and 1959 most of the Defence Regulations had been abandoned, and in 1959 all the remaining Defence Regulations were terminated, except for five, which were then made statutory for a period of five years only and were continued in force for that period only in a statutory form and not as Defence Regulations. They were continued in force by virtue of the 1959 Act in the form in which they were scheduled to that Act and without any power either to amend or to extend those Regulations—though with the power to revoke a Regulation or any part of it.

All those five previous Defence Regulations, which in 1959 became statutory, were, as has been pointed out, due to expire on 31st December of this year unless legislation were undertaken. That is why the Bill has been brought in. The hon. Member for Sowerby seemed to make his particular point of criticism that the Government were dealing with this problem at the present stage instead of leaving it until after the General Election. It is obvious that the new Government, whichever party, will have many problems to consider as soon as it is returned. The Parliamentary time between the re-assembly of Parliament and 31st December is very short. I should have thought that it was wholly unnecessary to have two bites at this cherry when it appears, at any rate from the speeches which have been made, to be an almost non-contentious matter. Maybe there are details to be taken up in Committee. Maybe the Bill can be improved in certain directions. But that this step needed to be taken is without doubt, and why we should postpone it until after the General Election when at this stage it does not appear to be a very contentious matter, and when many more important matters will have to be considered after the election, whoever wins it, is difficult to see.

The hon. Member for Sowerby seemed to be complaining that what the Government were doing was to remove the opportunity of a Labour Government, if elected, to control the country to a great extent by what he called the flick of a switch. He seemed to be complaining that they would not be allowed to continue to introduce regulations, and he suggested that it was wrong that these should be made statutory powers which could be altered only by legislation.