HC Deb 25 November 1914 vol 68 cc1227-8

8.0 P.M.

In addition to the grounds on which an application can be made to the Court by the Board of Trade to appoint a controller under Section three of the principal Act, such an application may be made in any case in which the Board think it is expedient in the public interest that a controller should be appointed owing to the circumstances arising out of the present War, and that Section shall be considered accordingly.

Mr. SANDERSON

I beg to move, after the word "circumstances" ["owing to circumstances"], to insert the words "or considerations."

I understand that the Attorney-General intends to accept this Amendment. I regard this as a very important proposal, because it gives power to appoint a controller. My own opinion is that the only way you are going to stop firms in this country which are really German, although English in appearance, is by appointing a receiver. You cannot put in a receiver unless you get it done by this means. The words in the Clause are "owing to circumstances arising out of the present War." A German might say that although the company was really German, and 99 per cent. owned by Germans, yet that that was not a matter which arose out of the present War, because it existed before the War, therefore, I suggest, the insertion of the words "or consideration."

Amendment agreed to.

Mr. DENNISS

I beg to move, at the end of the Clause, to insert the words, "and for the purpose of this Section Section three of the principal Act shall read as if the word "person" were inserted between the words "any" and "firm" in line 2 thereof."

When the principal Act was under consideration I moved this same Amendment. The Act was passed in a great hurry, and it was not quite clear at the time why Clause 3 should not refer to a "person," as well as to a "firm" or "company." I put it to the Attorney-General that a firm must consist within the meaning of that Section of more than one person and that the word "firm" did not include a person. I pressed him to insert the word "person." The Clause is a very important one, and provides for action by the Board or Trade in reference to a firm or company if an offence has been or is likely to be committed, or if the control or management of the company is likely to be so affected that the business may come to an end and if it is, in the public interest, that it ought to be carried on.

Sir J. SIMON

I am so far converted that I feel I ought to have accepted the hon. Member's suggestion two months ago. I suggest now that he should withdraw this Amendment and move it in the following form: "Section 3 of the principal Act as amended by this Section shall extend to enable a controller to be appointed of a business carried on by a person, in like manner as it applies to the appointment of a controller of a business carried on by a firm."

Amendment, by leave, withdrawn.

Amendment made: At the end of the Clause, insert the words "Section 3 of the principal Act, as amended by this Section, shall extend to enable a controller to be appointed of a business carried on by a person in like manner as it applies to the appointment of a controller of a business carried on by a firm."—[Mr. Denniss.]

Question, "That the Clause, as amended, stand part of the Bill," put, and agreed to.