HC Deb 10 September 1914 vol 66 cc720-3

Where the Board of Trade are satisfied either that an offence under this Act has been or is about to be committed in connection with any business or trade, and that it is in the public interest that the business or trade should continue to be carried on, or that any business or trade which, in the public interest, should continue to be carried on is in danger of being discontinued owing to difficulties of management connected with the War, the Board of Trade may apply to the High Court for the appointment of a receiver of the trade or business, and the High Court shall have power to appoint such a receiver for such time and subject to such conditions as they think fit; and, subject to any such conditions, when a receiver is so appointed, business or trade may be carried on with and by that firm or company.

Mr. LESLIE SCOTT

I beg to move, after the word "War" ["owing to difficulties of management connected with the War"] to insert the words "or due to the prohibition of trading with the enemy."

This is a point of some importance upon which it is desirable that the Attorney-General should throw a little light. I am told that people in Liverpool are under the impression that it was the intention of the Government, under this Clause, to do something which the wording of the Clause, prima facie, confers the power to do, but which obviously it is not intended to do. I will read the words to which my attention has been directed:—

"Where the Board of Trade are satisfied … that any business or trade which in the public interest should continue to be carried on is in danger of being discontinued owing to difficulties of management connected with the War, the Board of Trade may apply to the High Court for the appointment of a receiver."

So read, prima facie, it looks as if the Board of Trade might apply for a receiver of an ordinary English business which was in difficulties as a result of the War. It is obvious that is not the intention. The intention of the Clause is to provide where the difficulties of the business arise as the result of the prohibition of trading with the enemy that the Board of Trade, if they think the business ought to be carried on, may apply for a receiver. Perhaps the Attorney-General will say whether that is the intention of the Clause.

The PARLIAMENTARY SECRETARY Of the BOARD of TRADE (Mr. J. M. Robertson)

That is the purpose of the Clause: "Businesses in which the difficulties arise through the prohibition of trading with the enemy."

Mr. LESLIE SCOTT

I am much obliged. I am not at all sure that my words are the best words to make that plain, and, if the Attorney-General or the Under-Secretary has a better formula for expressing it, I shall be glad to withdraw my Amendment. There are two classes of difficulties that may arise. The first may well be covered by the existing words. Supposing the board of management consists of German personnel, that personnel is gone and the business cannot be carried on. That position is adequately covered by the existing words. Then the business may be one maintained largely or entirely by the supply of goods from Germany under definite contractual arrangements with German suppliers, and one which it is in the interests of this country should be carried on. I therefore propose to insert these words, which I put forward tentatively.

Sir J. SIMON

I think we should be best consulting the interests which we all have at heart if my hon. Friend were to withdraw his Amendment now and we took this Clause as it stands on the Paper and did not take the Report stage of the Bill until Monday. That would make it possible for us to see how it looked. It is really undesirable that we should in a hurry put a thing in a form which, on reflection, we should not think clear. I think that would be the wise course.

Mr. LESLIE SCOTT

I cordially assent to the prudence of that course, and I beg leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

Mr. RAWLINSON

I beg to move, after the word "War," to insert the words "or if for any reason it is in the public interest expedient."

This is simply a drafting Amendment to give the Board of Trade a much wider discretion.

7.0 P.M.

Sir J. SIMON

I am going to ask the hon. Gentleman to take the same course in respect of this Amendment as has been taken in regard to that just considered. Obviously the words are very wide, and I doubt whether it would be wise to put them in without further consideration, seeing that they would largely extend the powers of the Clause. It is one of the points we propose to consider.

Sir CLIFFORD CORY

I hope it will be made clear who is to make representations to the Board of Trade with a view to application being made to the Court.

Mr. RAWLINSON

I beg to ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

Mr. LESLIE SCOTT

I have two other Amendments to the same Clause for which I should like to ask consideration. In the first place, I propose to add the word "and" after the word "receiver" ["power to appoint such a receiver"], and, in the second place, I desire to substitute for the words "as they think fit" ["subject to such conditions as they think fit"] the words "it thinks fit." It will then mean the Court. I suggest that in order to meet the difficulty raised by the hon. Member for Everton (Sir J. Harmood-Banner), who was anxious to facilitate negotiations with the Board of Trade beforehand as to any agreement regarding who should be appointed receiver, enabling the parties concerned to bring to the attention of the Court reasons why the suggestions made by the Board of Trade might not be desirable, and why somebody else should be appointed—

Sir J. SIMON

It would be better to substitute the word "Court" for it.

Mr. LESLIE SCOTT

I shall be willing to do that. What I want is that discretion shall be vested in the Court. Under the circumstances, however, I will not now take either of the Amendments, it being understood that they will be considered between now and the Report stage.

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