HC Deb 13 January 1916 vol 77 cc1813-6

This Act may be cited as the Courts (Emergency Powers) Act, 1915.

Mr. KING

I beg to move, to leave out "1915," and to insert instead thereof "1916."

We should not pass an Amendment to a 1914 Bill in 1916 and call it 1915. I might as well call the attenton of the Solicitor-General at the same time to the fact that I think at the end of this Act that we ought to make it:—

"This Act and the Courts (Emergency) Act, 1914, may be cited together as the Courts (Emergency Powers) Act, 1914–1916."

It is very usual to do this, and it makes the matter clear.

Sir G. CAVE

I think the hon. Member is quite right in respect to his first point.

Amendment agreed to.

Mr. KING

I beg to move, at the end of the Clause, to insert the words "That this Act for the purpose of the Courts (Emergency Powers) Act, 1914, may be cited as the Courts (Emergency Powers) Act, 1914–1916."

Sir G. CAVE

I do not think these words are necessary, but if their insertion will give pleasure to my hon. Friend, he is so very obliging, that I am very much disposed to accept them.

Mr. KING

I shall be obliged to the Solicitor-General if he accepts them, and for this reason: In recent Acts, with which the right hon. Gentleman has had something to do, we have had these sort of Clauses put in. Whatever we may do in our speeches, arguments, and pledges, when we come to put our intentions into Acts of Parliament, I think we should have some sort of rules and regulations that we abide by.

Amendment agreed to.

Bill reported.

As amended, considered.

Mr. KING

I beg to move, in Clause 1, to leave out the words "It is hereby declared that." I suggested in Committee that we might do this on the Report stage, and for reasons that I then gave. The whole object of this Bill, as anybody can see who looks at the Memorandum, is to reverse the position of the law. There is no doubt what the law is, and we are out to alter it, and I think the Solicitor-General might have these words struck out.

Sir G. CAVE

These words, I think, are right in the Bill. It is quite true, as the hon. Member says, that the words are not used in a Bill amending the law, and that this Bill does amend the law as declared by the Courts. But it is conceivable, although I do not for the moment suggest that it is probable, that a different view may be taken by the House of Lords in another case. The intention is to declare the law as from the beginning, and not as from to-day. That being so, the Bill was framed purposely so as to declare the law, and not merely to amend it.

Amendment, by leave, withdrawn.

Sir G. CAVE

I beg to move, in Clause 1, to leave out the words "other than mortgagees of land or some interest in land," and to insert instead thereof the words

"in relation to securities held both as cover for account-to-account loans on any Stock Exchange if these mortgagees can take or have taken advantage of any scheme agreed to by His Majesty's Government for advances being made to these mortgagees in order to enable them to continue the loans."

Mr. RAWLINSON

I think that rather alters the position of the Amendment that my hon. Friend moved and which has been accepted by the Government. It apparently alters the whole procedure in dealing with this matter. Therefore, there is no reason for this Bill at all. I would therefore ask for an opportunity to deal with this Amendment, as we have only now just had it put into our hands and read to us. Will the Amendment leave the law absolutely, as regards all other people who have got securities, in the state in which it is declared by the Court of Appeal?

Sir G. CAVE

Certainly.

Mr. RAWLINSON

That is absolutely clear?

Sir G. CAVE

Certainly.

Mr. RAWLINSON

Because the declaration of law here and now is confined merely to declaring it as regards certain specified transactions on the Stock Exchange. That is all the Bill is going to do. If that is so it limits the Bill very much. May I put again my position? If it is perfectly plain that the effect of this Amendment is that the whole effect of this Bill is restricted merely to this very exceptional class of case, namely, the loan from account-to-account on the Stock Exchange and to nothing else, I have nothing more to say. The Bill then is merely dealing, if I may call it so, with a matter of domestic politics on the Stock Exchange, and that is for the Stock Exchange to deal with rather than for us. That being so, I should not, of course, oppose the Amendment as it stands. Unless that is made perfectly clear I think there may be some difficulty about the matter.

Mr. BOOTH

May I appeal for this Bill not to be taken until Monday or Tuesday, in order that we may see these words upon the Paper? I left the House a few minutes ago and ascertained from some interested people that they were under the same impression as I that this Bill would assimilate the two positions of England and Scotland, and we would like to see what the effect of this Amendment would be. There is a special phrase to suit the Scottish case and another to suit the City bankers, or, at any rate, the City bankers would be satisfied. I have had a consultation with counsel in the lobby, but it is rather difficult for me as a layman to form an opinion on the words. If I have any point to make, I will make it between now and Monday, so that it shall not take up much time.

Sir G. CAVE

I cannot resist that. It is a business matter, and I want the House to consider every possible interest, so perhaps I had better move the adjournment of this Debate.

Question, "That the Debate be now adjourned," put, and agreed to.

Debate to be resumed upon Monday next (17th January).

The remaining Orders were read, and postponed.

Whereupon Mr. DEPUTY-SPEAKER (Mr. Maclean) pursuant to the Order of the House of the 3rd February, proposed the Question, "That this House do now adjourn."

Question put, and agreed to.

Adjourned accordingly at Twenty-five minutes before Six o'clock, until Monday, 17th January, pursuant to the Order of the House of the 3rd February.