HC Deb 04 July 1916 vol 83 cc1409-10

Where the provisions of this Act interfere with any contract made by a brewer before the first day of April, nineteen hundred and sixteen, to deliver beer or in connection with the delivery of beer, that contract shall be modified so as to conform with the provisions of this Act in such manner as may be agreed upon between the parties to the contract, or, in default of agreement, determined in England by arbitration, in accordance with the Arbitration Act, 1889, in Scotland by a single arbiter to be appointed by the sheriff, and in Ireland in accordance with the Common Law Procedure Amendment Act (Ireland), 1856, and for the purposes of that Act, but subject to any agreement of the parties to the contrary, this provision shall have effect in like manner as a submission to arbitration by consent authorising a reference to a single arbitrator and incorporating paragraph (i) of the Schedule to the Arbitration Act, 1889.

Sir G. YOUNGER

I beg to move, to leave out the words "any contract made by a brewer before the first day of April nineteen hundred and sixteen, to deliver beer or in connection with the delivery of beer," and to insert instead thereof the words

"the performances of any contract to deliver beer, or in connection with the delivery of beer, or of any condition, express or implied, in any tenancy agreement or other contract made by a brewer before the first day of April, nineteen hundred and sixteen."

I understand that these words are really necessary in order to cover cases which are left in a vague position.

Mr. PRETYMAN

I really do not think that these words are any better than the words in the Bill which are perfectly clear. I propose, however, to accept an Amendment to leave out the word "deliver," and to insert instead thereof the words "sell or supply." I do not think it makes any material difference, but if my hon. Friend suggests those words and thinks that they are better I do not object to them.

Sir G. YOUNGER

The object of my Amendment was to bring in tenancy agreements which are not in some cases regarded in the same light as contracts.

Mr. PRETYMAN

The effect of these words might be limiting. I am advised that a tenancy agreement is a contract and that the words in the Bill will cover everything.

Amendment, by leave, withdrawn.

Amendment made: Leave out the word "deliver" ["deliver beer, or in connection with the delivery of beer"], and insert thereof the words "sell or supply."—[Sir F. Lowe.]

Sir F. LOWE

I beg to move to leave out the words "in connection with the delivery of beer." I presume this Amendment will be somewhat altered.

Mr. PRETYMAN

No; we do not want it

Amendment, by leave, withdrawn.

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