Canlyniadau 121–140 o 1250 ar gyfer speaker:Mr Moss Turner-Samuels

Orders of the Day — Death Penalty (Abolition) Bill: Clause 1. — (Abolition of Death Penalty.) (25 Ebr 1956)

Mr Moss Turner-Samuels: I want to tell the Committee why I put my name down to an Amendment to this Clause. As it stands, the Clause makes it impossible for the court to do anything else but impose a sentence of imprisonment for life; it does not matter what the circumstances are when the case is heard—and I am not talking about subsequent evidence. If the words remain in the Bill as at present, they are...

Orders of the Day — Death Penalty (Abolition) Bill: Clause 1. — (Abolition of Death Penalty.) (25 Ebr 1956)

Mr Moss Turner-Samuels: I have been looking at the wording of the Amendment. Although I profoundly agree with the hon. Member for the Isle of Thanet (Mr. Rees-Davies) that provision should be made that a person who commits two or more murderers should be caught, I am not at all sure whether it would not be in the interests of the object he has in view rather to put in a fresh Amendment on Report. I suggest that it...

Orders of the Day — Restrictive Trade Practices Bill: Clause 2. — (Appointment and Functions of Registrar.) (12 Ebr 1956)

Mr Moss Turner-Samuels: Now that the right hon. Gentleman has had his say on that, I should like to put to him a consideration with which he has not dealt. He has mentioned that the House has two choices, one being a court and the other being a tribunal answerable to the Minister. There is a very important third choice which is buttressed by the Jacobs Committee and the Report of the Royal Commission—

Orders of the Day — Restrictive Trade Practices Bill: Clause 2. — (Appointment and Functions of Registrar.) (12 Ebr 1956)

Mr Moss Turner-Samuels: I did not intend to make a speech. I wanted to make my question to the Minister quite clear. Why should it not be possible for Parliament to decide what is an illegal agreement in this context? That is what the Jacobs Committee favoured, and it is precisely what the Royal Commission explicitly proposed. Would that not cut out the delay, the complication, the examination and all the difficulty...

Orders of the Day — Restrictive Trade Practices Bill: Clause 2. — (Appointment and Functions of Registrar.) (12 Ebr 1956)

Mr Moss Turner-Samuels: What Lord Herschell, then Lord Chancellor, said in that case was quite a different matter from the purpose for which the President of the Board of Trade is using the statement. There was a clear duty on the court to decide that case. Nobody denies that as the law stands—of course it is judge made law at that—the courts have the power to decide matters of public policy or public interest,...

Orders of the Day — Restrictive Trade Practices Bill: Clause 2. — (Appointment and Functions of Registrar.) (12 Ebr 1956)

Mr Moss Turner-Samuels: There is only one case, if the President will forgive me telling him this, in which the issue as to whether it was proper or even feasible for a court of law to decide what was in the public interest or what was public policy, and that is the Moyne Steamship Company v. MacGregor, decided in the House of Lords in 1892, and, therefore, the views of the judges both in the courts of first...

Orders of the Day — Restrictive Trade Practices Bill: Clause 2. — (Appointment and Functions of Registrar.) (12 Ebr 1956)

Mr Moss Turner-Samuels: With all respect, this is a most irrelevant argument. Is it not a fact that the learned judge in the court of first instance had to discuss it? It was his duty to try this matter, and, in order to arrive at a decision, that was the ground that he had to explore.

Orders of the Day — Restrictive Trade Practices Bill: Clause 2. — (Appointment and Functions of Registrar.) (12 Ebr 1956)

Mr Moss Turner-Samuels: I am quite certain the President of the Board of Trade wants to give the country what is in his opinion the best tribunal for the purpose of dealing with these matters; but the mere fact that somebody says that so-and-so is the best tribunal does not prove that it is. The matter is much more important than that. The Committee ought to be satisfied on reason and argu- ment as to which is the...

Orders of the Day — Restrictive Trade Practices Bill: Clause 2. — (Appointment and Functions of Registrar.) (12 Ebr 1956)

Mr Moss Turner-Samuels: That, of course, only makes the position more obscure; I find it more difficult to understand why the hon. Gentleman wants to adopt this course. However, I will excuse it on the ground that it comes from the Liberal benches. Another fugitive point that was made and which should be noticed was that it is very important that a tribunal should have the confidence and respect of those who come...

Orders of the Day — Restrictive Trade Practices Bill: Clause 2. — (Appointment and Functions of Registrar.) (12 Ebr 1956)

Mr Moss Turner-Samuels: The hon. Member has not made the point. He alleged that he had letters from industry to show that the actions of the Monopolies Commission were not impartial.

Orders of the Day — Restrictive Trade Practices Bill: Clause 1. — (Appointment and Functions of Registrar.) (11 Ebr 1956)

Mr Moss Turner-Samuels: Is there not another and even more important matter than the conduct of the proceedings, the reference of the matter to the Court at all?

Orders of the Day — Restrictive Trade Practices Bill: Clause 1. — (Appointment and Functions of Registrar.) (11 Ebr 1956)

Mr Moss Turner-Samuels: The whole Committee, and in particular the President of the Board of Trade, will agree that although this is in a sense a narrow mater it is one of the greatest importance. The Registrar, obviously, will pay a pivotal part in the new structure the Bill seeks to create. He is to have very important functions, and it is most important that he should not in the end turn out to be an instrument...

Orders of the Day — Restrictive Trade Practices Bill: Clause 1. — (Appointment and Functions of Registrar.) (11 Ebr 1956)

Mr Moss Turner-Samuels: With great respect, Sir Rhys, the purposes do affect the political position.

Orders of the Day — Restrictive Trade Practices Bill: Clause 1. — (Appointment and Functions of Registrar.) (11 Ebr 1956)

Mr Moss Turner-Samuels: Yes, and with great respect that is exactly my point, and it becomes important whether it is an appointment by a Minister or by Her Majesty on the recommendation of the Prime Minister. The Registrar has to initiate proceedings. He is not bound by this Bill to bring any proceedings. Why I say that this is germane to the Amendment is that if there were political control that could be dealt...

Orders of the Day — Restrictive Trade Practices Bill: Clause 1. — (Appointment and Functions of Registrar.) (11 Ebr 1956)

Mr Moss Turner-Samuels: With respect, Sir Rhys, my submission is that every argument which affords a good reason why there should be appointment by the President of the Board of Trade so as to bring the matter under supervision by Parliament is relevant to this Amendment, and all these arguments appertain to that. It seems to me that these are the only arguments that can be usefully advanced in this case, and my...

Orders of the Day — Restrictive Trade Practices Bill: Clause 1. — (Appointment and Functions of Registrar.) (11 Ebr 1956)

Mr Moss Turner-Samuels: The President of the Board of Trade and his Parliamentary Secretary are lawyers, and I observe that sitting very near to them is the Attorney-General. Their presence is very timely, and I hope that it will be helpful in relation to the question which I wish to pose to them. I heard the Parliamentary Secretary, apparently with great conviction, inform the Committee that there was a duty on the...

Orders of the Day — Restrictive Trade Practices Bill: Clause 1. — (Appointment and Functions of Registrar.) (11 Ebr 1956)

Mr Moss Turner-Samuels: With that intelligent anticipation for which he is noted, my hon. Friend has mentioned the point I wish next to make. It is perfectly clear from the language of the Clause, which seeks to impose a duty upon the Registrar which he must exercise with judgment and discretion, that where he uses his discretion and does not in some cases bring proceedings which he ought to bring, there is no...


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