HC Deb 14 March 1912 vol 35 cc1260-2
Mr. POLLOCK

asked why notice of the Regulations, dated 21st February, 1912, made by the Treasury under Section 83 of the National Insurance Act, 1911, and laid before Parliament on 22nd February, 1912, was not given to Members until the Demand Form for Sessional Printed Papers, No. 8, on 12th March, 1912?

Mr. MASTERMAN

The Regulations were laid in a complete form on 22nd February. I am making inquiries as to the delay in printing and circulation which appears to have occurred.

Mr. WORTHINGTON-EVANS

From when will the period of twenty-one days date?

Mr. MASTERMAN

I think from the day it is laid on the Table of the House.

Lord BALCARRES

Is the hon. Gentleman aware that this Paper could not be obtained by Members until two days ago, although it was notified at the Table as long ago as 22nd February that it was placed in dummy?

Mr. MASTERMAN

It was not placed in dummy; it was laid in complete form. But if the Noble Lord will approach me, and I have any power in the matter, I shall be glad to see that any necessary extension that is possible is given.

Mr. POLLOCK

asked under what powers and for what reason the Regulations dated 21st February, 1912, made by the Treasury under Section 83 of the National Insurance Act, 1911 (46), which were required by Sub-section (4) of the said Section 83 to be laid before Parliament with a view to their possible annulment, have been made retrospective and were to be deemed to have had effect as from 28th December, 1911?

Mr. MASTERMAN

The usual practice has been followed in this matter. The Treasury Regulations have been made retrospective under the provisions of the Rules Publication Act, 1893, which enables the Regulations themselves to prescribe the date at which they are to come into operation. The Regulations of 21st February, 1912, take the place of rules made on the 28th December, 1911, which came into force on the last named date as being urgent in accordance with Section 2 of the Rules Publication Act. Until the 21st February the Joint Committee have of course acted only under the earlier Regulations, and did not exercise any of the additional powers provided for in the latter Regulations. The sole reason for making the rules of February retrospective is to enable the Commission and the public to have regard only to one set of Regulations and so to facilitate reference and to avoid the confusion arising from the use of two separate documents both dealing with the same subject-matter.

Mr. WORTHINGTON-EVANS

Does the hon. Gentleman say that these Regulations have not been acted on until after 21st February?

Mr. MASTERMAN

Until 21st February.

Mr. WORTHINGTON-EVANS

They have not been acted on until 21st February?

Mr. MASTERMAN

So I am informed.

Mr. POLLOCK

asked on what grounds the Regulations, dated 21st February, 1912, made by the Treasury under Section 83 of the National Insurance Act, 1911 (46), provided that all members of the Joint Committee of Commissioners, other than the four chairmen for the time being of the several bodies of Commissioners who were ex-officio members of the Committee, should be appointed by the Treasury, and no Regulations were issued for the selection of members of each body of Commissioners appointed under Sections 57 (1), 80 (1), 81 (1), and 82 (1), pursuant to Section 83 (1) of the Act?

Mr. MASTERMAN

Regulations (3) (1) provides for the manner in which members of each of the several bodies of Commissioners are to be selected for membership of the Joint Committee, namely, as regards the respective chairmen by virtue of their office, and as regards other members, such other (if any) as the Treasury shall from time to time by warrant appoint.

Mr. WORTHINGTON-EVANS

Is it not a fact that the result of this Regulation is that the Treasury has appointed the whole of the members of the Committee instead of two members, as prescribed by the Act itself?

Mr. MASTERMAN

It has not appointed them except in so far as the regulation provides that the chairmen of the several bodies of Commissioners shall be ex-officio members.

Mr. WORTHINGTON-EVANS

Has not the Treasury selected all the rest of the members?

Mr. MASTERMAN

No other members have been selected for the Joint Committee except the Chairmen under the Regulations.

Mr. WORTHINGTON-EVANS

Has not the Treasury in fact appointed all the members of the Committee by means of this Regulation, although the Act provides for the appointment of only two?

Mr. MASTERMAN

No. The Treasury provided by the Regulation that the chairmen of the Commissioners shall be ex-officio members of the Joint Committee, and I believe that that was promised by the Chancellor of the Exchequer to the House of Commons. That is not appointment by the Treasury.

Mr. WORTHINGTON-EVANS

Has not the Treasury made the Regulation regulating the appointment or selection of members, and is not that the same thing?

Mr. MASTERMAN

No; they are selected by virtue of their office, not qua members.