HC Deb 06 July 1926 vol 197 cc2043-50

Motion made, and Question proposed,

That the draft of a Special Order proposed to be made by the Board of Trade under Section 10 of The Gas Regulation Act, 1920, on the application of the Liverpool Gas Company, which was presented on the 8th June and published, be approved, subject to the following modifications:

Clause 4, line 2, leave out "become and."

Clause 4, line 2, after "be," insert "deemed to have been."

Clause 4, line 4, leave out "by virtue," and insert "as from the date."

Clause 5, sub-clause (4), line 1, after "be," insert "deemed to have been."

Clause 5, sub-clause (5), line 3, leave out "be vested," and insert "have been vested."

Clause 8, sub-clause (4), line 4, leave out "shall be," and insert "were."

Clause 8, sub-clause (4), line 5, after "and," insert "are."

Clause 9, sub-clause (1), line 7, leave out "transfer," and insert "this Order."

Clause 9, sub-clause (1), line 9, leave out "the date of transfer, and insert "that date."

Clause 13, line 1, leave out "transfer," and insert "this Order."

Clause 14, line 3, leave out "transfer shall as from that date," and insert "this Order shall as from the date of transfer."

Clause 16, line 2, after "include," insert "and be deemed to have extended to and included."

Clause 36, sub-clause (2), line 3, leave out "transfer," and insert "this Order."—[Sir Burton Chadwick.]

Mr. NEIL MACLEAN

There are 13 Amendments on the Paper in regard to this Order. I cannot see why the House should agree to an Order of this kind, without an explanation from the Minister in charge. Why should an Order placed upon the Paper originally by the Board of Trade, require so many Amendments when it is put before the House for final acceptance? What is the necessity for 13 Amendments to an Order, which only consisted of four lines and one word?

The PARLIAMENTARY SECRETARY to the BOARD of TRADE (Sir Burton Chadwick)

It is rather unusual to have so many Amendments to a Gas Order. The Order was presented to the House on the 8th June and the date for transfer was to be the let July. Unfortunately, for good reasons, it was not possible to obtain the approval of both Houses before that date, and it is very desirable that the date of transfer should be the date for the commencement of the second half of the financial year of the Liverpool Gas Company. Accordingly it has been necessary to submit for approval certain modifications of the Order to provide for the fact that the date of transfer has now been passed. The modifications were considered and approved by the Special Orders Committee in another place at their meeting on the 1st July, and the Amendments are for the purpose of ante-dating the Order to the 1st July. I hope that after this explanation the hon. Member will withdraw his opposition.

Mr. MACLEAN

Are we to understand that this Order is in operation and that the purpose of these 13 Amendments is to make the Order on the Paper retrospective? Is this another instance of the retrospective legislation of the Tory Government? This Order is in operation without the sanction of this House, and these Amendments are to give sanction to that which is already in operation.

Sir B. CHADWICK

The hon. Member is wrong. The Order is not in operation until it is made. We are seeking authority to make the Order. When the Order is made, it will be made in this form, so that it may date from 1st July.

Mr. MACLEAN

In the event of these Amendments being carried, will the Order be brought forward, as amended, and placed on the Order Paper? Will it be printed, as amended, and submitted to the House for consideration?

Sir B. CHADWICK

When we obtain the approval of the House the Order will be made.

Mr. MACLEAN

As amended?

Sir B. CHADWICK

Yes.

Mr. MACLEAN

Will it be brought forward to the House in its amended form?

Sir B. CHADWICK

No.

Mr. MACLEAN

I take exception to the way this is being put through the House, and I intend to oppose every Amendment and carry it to a Division.

Sir JOSEPH NALL

If the House approves the Motion, it will simply approve the Order with these modifications. There is no need to bring them forward again.

Mr. MACLEAN

The Order will require to be reprinted, with those modifications in it?

Sir B. CHADWICK

The Order will be printed, but it will not appear in the Orders of this House.

Mr. MACLEAN

Oh!

Question put:

The House proceeded to a Division.

Mr. MACLEAN

(seated and covered): May I ask you, Mr. Speaker, in what way you propose to put the Amendment in the Order Paper? Are you putting them all together, or separately?

Mr. SPEAKER

The Question is "That the Order, as modified, be approved." There is no question of Amendment.

Mr. MACLEAN

Every one of these is an Amendment to the Order and consequently you cannot modify the Order by taking them all at once, otherwise a precedent will be established.

Mr. SPEAKER

The House may approve an Order with or without modifications.

Resolved, That the draft of a Special Order proposed to be made by the Board of Trade

In this case it is with modifications.

The House divided: Ayes, 169; Noes, 15.

Division No. 332.] AYES. [11.51 p.m.
Acland-Troyte, Lieut.-Colonel Gardner, J. P. Oliver, George Harold
Adamson, Rt. Hon. W. (Fife, West) Gates, Percy Parkinson, John Alien (Wigan)
Agg-Gardner, Rt. Hon. Sir James T. Gibbins, Joseph Pennefather, Sir John
Allen, J. Sandeman (L'pool, W. Derby) Gibbs, Col. Rt. Hon. George Abraham Pielou, D. P.
Apsley, Lord Goff, Sir Park Potts, John S.
Atkinson, C. Grace, John Ramer, J. R.
Balfour, George (Hampstead) Gunston, Captain D. W. Rice, Sir Frederick
Barnes, A. Hail, Capt. W. D'A. (Brecon & Rad.) Richardson, R. (Houghton-le-Spring)
Barr, J. Hammersley, S. S. Robinson, Sir T. (Lancs., Stretford)
Beamish, Captain T. P. H. Hannon, Patrick Joseph Henry Ropner, Major L.
Beckett, Sir Gervase (Leeds, N.) Harland, A. Ruggles-Brise, Major E. A.
Bethel, A. Hartington, Marquess of Russell, Alexander West (Tynemouth)
Betterton, Henry B. Hartshorn, Rt. Hon. Vernon Salmon, Major I.
Bird, Sir R. B. (Wolverhampton, W.) Harvey, Major S. E. (Devon, Totnes) Samuel, Samuel (W'dsworth, Putney)
Blades, Sir George Rowland Mayday, Arthur Sanders, Sir Robert A.
Blundell, F. N. Hayes, John Henry Sanderson, Sir Frank
Boothby, R. J. G. Henderson, Rt. Hon. A. (Burnley) Shaw, R. G. (Yorks, W.R., Sowerby)
Bridgeman, Rt. Hon. William Clive Henderson, Lieut.-Col. V. L. (Bootie) Shaw, Lt.-Col. A. D. Mcl. (Renfrew, W.)
Brocklebank, C. E. R. Heneage, Lieut.-Colonel Arthur P. Shaw, Rt. Hon. Thomas (Preston)
Brown, Brig.-Gen. H. C. (Berks, Newb'y) Hennessy, Major J. R. G. Shaw, Capt. W. W. (Wilts, Westb'y)
Burman, J. B. Herbert, S. (York, N.R., Scar. & Wh'by) Shepperson, E. W.
Burton, Colonel H. W. Hirst, W. (Bradford, South) Shiels, Dr. Drummond
Campbell, E. T. Hope, Capt. A. O. J. (Warw'k, Nun.) Slaney, Major P. Kenyon
Cayzer, Sir C. (Chester, City) Hudson, Capt. A. U. M. (Hackney, N.) Smith, Ben (Bermondsey, Rotherhithe)
Chadwick, Sir Robert Burton Hudson, J. H. (Huddersfield) Stanley, Lord (Fylde)
Charlatan, H. C. Inskip, Sir Thomas Walker H. Stott, Lieut.-Colonel W. H.
Charteris, Brigadier-General J. Jacob, A. E. Streatfeild, Captain S. R.
Churchill, Rt. Hon. Winston Spencer Jenkins, W. (Glamorgan, Heath) Strickland, Sir Gerald
Clayton. G. C. Jones, G. W. H. (Stoke Newington) Stuart, Hon. J. (Moray and Nairn)
Clowes, S. Jones, Henry Haydn (Merioneth) Styles, Captain H. Walter
Cochrane, Commander Hon. A. D. Jones, T. I. Mardy (Pontypridd) Sugden, Sir Wilfrid
Cockerill, Brig.-General Sir G. K. Kennedy, A. R. (Preston) Sutton, J. E.
Compton, Joseph Kennedy, T. Thomson, F. C. (Aberdeen, South)
Cooper, A. Duff Kidd, J. (Linlithgow) Tinne, J. A.
Cope, Major William Kindersley, Major Guy M. Tinker, John Joseph
Couper, J. B. King, Captain Henry Douglas Titchfield, Major the Marquess of
Courtauld, Major J. S. Knox, Sir Alfred Townend, A. E.
Craig, Ernest (Chester, Crewe) Lee, F. Vaughan-Morgan, Col. K. P.
Crookshank, Cpt. H.(Lindsey, Gainsbro) Lindley, F. W. Waddington, R.
Cunliffe, Sir Herbert Lister, Cunliffe-, Rt. Hon. Sir Philip Wallace, Captain D. E.
Curzon, Captain Viscount Laugher, L. Watson, Sir F. (Pudsey and Otley)
Dalkeith, Earl of Luce, Maj.-Gen. Sir Richard Harman Wells, S. R.
Dalton, Hugh MacAndrew, Major Charles Glen Wiggins, William Martin
Davidson, Major-General Sir J. H. Macdonald, Capt. P. D. (I. of W.) Williams, A. M. (Cornwall, Northern)
Davison, J. E. (Smethwick) McLean, Major A. Williams, Com. C. (Devon, Torquay)
Dixey, A. C. Macmillan, Captain H. Williams, C. P. (Denbigh, Wrexham)
Eden, Captain Anthony Margesson, Captain D. Williams, Herbert G. (Reading)
Edmondson, Major A. J. Monsell, Eyres, Com. Rt. Hon. B. M. Williams, T. (York, Don Valley)
Edwards, C. (Monmouth, Bedwelity) Moore-Brabazon, Lieut.-Col. J. T. C. Wilson, M. J. (York, N. R., Richm'd)
Elliot, Major Waiter E. Morrison-Bell, Sir Arthur Clive Wilson, R. R. (Stafford, Lichfield)
England, Colonel A. Nall, Lieut.-Colonel Sir Joseph Wise, Sir Fredric
Evans, Capt. Ernest (Welsh Univer.) Newman, Sir R. H. S. D. L. (Exeter) Womersley, W. J.
Fanshawe, Commander G. D. Newton, Sir D. G. C. (Cambridge) Wood, E. (Chester, Stalyb'ge & Hyde)
Fermoy, Lord Nicholson, O. (Westminster) Wragg, Herbert
Frece, Sir Walter de Nuttall, Ellis
Fremantle, Lieut.-Colonel Francis E. O'Connor, T. J. (Bedford, Luton) TELLERS FOR THE AYES.—
Gadie, Lieut.-Col. Anthony O'Neill, Major Rt. Hon. Hugh Major Sir Harry Barnston and
Captain Bowyer.
NOES.
Brown, James (Ayr and Bute) Kelly, W. T. Watts-Morgan, Lt.-Col. D. (Rhondda)
Day, Colonel Harry Lawson, John James Welsh, J. C.
Graham, D. M. (Lanark, Hamilton) Paling, W. Wheatley, Rt. Hon. J.
Hail, F. (York, W. R., Normanton) Riley, Ben
Henderson, T. (Glasgow) Stephen, Campbell TELLERS FOR THE NOES.—
John, William (Rhondda, West) Watson, W. M. (Dunfermilne) Mr. Buchanan and Mr. Neil
Maclean.

under Section 10 of The Gas Regulation Act, 1920, on the application of the Seaford Gas Company, Limited, which was presented on the 8th June and published, be approved.

Resolved, That the Draft of a Special Order proposed to be made by the Board of Trade under Section 10 of The Gas Regulation Act, 1920, on the application of the urban district council of Ellesmere, which was presented on the 14th June and published, be approved.

Resolved, That the Draft of a Special Order proposed to be made by the Board of Trade under Section 10 of the Gas Regulation Act, 1920, on the application of the Portsea Island Gas Light Company, which was presented on the 2nd June and published, be approved, subject to the following modifications:—

Clause 3, sub-clause (1), leave out the definition of "The date of transfer," and insert "The date of transfer means the first day of July, nineteen hundred and twenty-six."

Clause 4, sub-clause (1), line 2, after "be," insert "deemed to have been."

Clause 4, sub-clause (2), line 2, after "shall," insert "be deemed to."

Clause 8, sub-clause (2), line 3, after "be," insert "deemed to have been."

Clause 17, sub-clause (1), line 8, leave out "transfer," and insert "this Order."

Clause 18, sub-clause (1), line 2, leave out "transfer," and insert "this Order."

Clause 19, line 1, leave out "transfer," and insert "this Order."

Clause 20, line 3, leave out "transfer," and insert "this Order."

Clause 20, line 4, leave out "that date be," and insert "the date of transfer be deemed to be."

Clause 23, line 1, leave out "have," and insert "had."

Clause 24, sub-clause (1), line 2, leave out "retire," and insert "be deemed to have retired."

Clause 24, sub-clause (2), line 2, leave out "retire," and insert "be deemed to have retired."

Clause 24, sub-clause (3), line 4, leave out "retire," and insert "be deemed to have retired."

Clause 24, sub-clause (4), line 1, leave out "transfer," and insert "this Order."

Clause 24, sub-clause (4), leave out the proviso.

Clause 26, sub-clause (1), at beginning of line 3, insert "and be deemed to have extended to and included."—[Sir B. Chadwick.]

The remaining Orders were read, and postponed.

It being after Half-past Eleven of the Clock, MR SPEAKER adjourned the House, without Question put, pursuant to the Standing Order.

Adjourned at Twelve o'Clock.