HC Deb 22 September 1943 vol 392 cc199-201
49. Sir H. Williams

asked the Prime Minister whether his attention has been drawn to the varying practice in different departments in signing Statutory Rules and Orders; that in some cases orders are signed under seal, in other cases by a variety of officials in a department whose status is always indicated, and in other cases by persons whose status is not indicated but who state that they are authorised by the Minister; and whether he will take steps to ensure a greater measure of uniformity in this and other directions?

The Prime Minister

I am advised that trying to achieve uniformity at the present time would cause more trouble than it is worth.

Sir H. Williams

May I ask my right hon. Friend to consider the possibility of arranging that Orders should be signed by Ministers only in order to ensure that no new Order shall be made unless the Minister has signed it?

The Prime Minister

It always comes back to the Minister. The Minister is always responsible ultimately, and the Government are always responsible collectively. If the Minister has not himself seen or signed an Order, as certainly sometimes necessarily occurs, he, nevertheless, is responsible and can be brought to book in this House. There is the great remedy.

Sir H. Williams

Is it not very undesirable that laws should be made by persons who are not even Members of this House?

The Prime Minister

It is not a question of making laws but of administering certain Acts of Parliament which have already received the assent of the House and which are administered under the strict scrutiny of Parliament, and of the hon. Gentleman.

Sir Joseph Lamb

Is the Prime Minister aware that it is not a question of making laws but of the Departments taking upon themselves powers which really should he those of the House of Commons?

50. Sir H. Williams

asked the Prime Minister whether his attention has been drawn to the practice, in the phrasing of Statutory Rules and Orders, of making reference to the fact that an earlier Order or Regulation has been amended, but without stating in the Order which makes this reference the number of the Order which contains the amendment; and, in view of the importance of His Majesty's subjects having the least possible difficulty in understanding the meaning of Statutory Rules and Orders, whether he will give directions that the present practice be modified?

The Prime Minister

The Defence Regulations themselves are published from time to time in consolidated form in volumes which contain tables and notes showing how and when the various Regulations have been amended. So far as these Regulations are concerned I am advised that any further elaboration of cross references would only tend to confusion. I am also assured that in printing Orders made under Defence Regulations it is the general practice when referring to any previous Order to give in a footnote the number not only of that Order but also of any intervening Orders which have amended it. Arrangements are being made to secure that this practice will be uniformly followed.

Mr. Silverman

Will the Prime Minister consider whether all these Rules and Orders should not in future be written in Basic English?

The Prime Minister

I hope in simple English, which is not quite the same thing.