HC Deb 18 December 1919 vol 123 cc670-1
Sir D. MACLEAN (by Private Notice)

asked the President of the Board of Trade whether his attention had been directed to the judgment of Mr. Justice Sankey, declaring the illegality of the restriction of imports under the Act of 1876.; whether he would give particulars of existing restriction Orders; and what. steps he proposed to take in relation to them?

The PRESIDENT of the BOARD Of TRADE (Sir Auckland Geddes)

My attention has been called to Mr. Justice Sankey's judgment, affecting the system of control of importation which was brought into extensive use by the late Government in the years 1915–16, A complete statement of all the restrictions on importation still remaining in force after 1st September last (when the greater number were removed) will be found in Command Paper No. 454.

These are, apparently, all affected by the judgment, except, firstly, firearms and military arms and parts thereof, ammunition and explosives, and, secondly, the articles specifically prohibited under Section 42 of the Customs Consolidation Act, 1876, or other enactments.

In view of the judgment, the Customs have been instructed, pending either reversal on appeal or legislative action, to allow the importatioin of all articles affected thereby. An appeal against the decision is being entered.

Early in the new Session His Majesty's Government will press forward legislation to secure powers to reimpose restrictions of the limited scope indicated in the Imports and Exports Regulation Bill.

Meanwhile, I think it is desirable that importers should clearly understand that, in the event of these powers being conferred by Parliament, or in the event of the judgment being reversed on appeal, licences to import restricted goods will not be granted merely on the ground that the goods had been ordered between now and the date of the re-establishment of the restrictions, but will be based solely on consideration of the reasonable requirements of the country.

I also wish to say to the House that, in face of the judgment, His Majesty's Government will not be in a position to restrict importation from countries affected by a collapse in exchange unless or until definite enabling legislation for the purpose is enacted by Parliament.

Mr. LAMBERT

Did I understand the right hon. Gentleman to say that the Government propose next year to bring in legislation to. make legal what is now illegal?

Sir A. GEDDES

My right hon. Friend has correctly understood the answer.

Mr. LAMBERT

Who is to be the judge of the reasonable requirements of the country? Is it the Board of Trade? [HON. MEMBERS: "The House of Commons !"]

Sir A. GEDDES

Parliament, clearly.

Mr. MACQUISTEN

Who were the Law Officers who were responsible for this Regulation that has got the Government into this position?

Sir A. GEDDES

At the time it was done I was not in this country; I was serving the country in a more unpleasant fashion; but my recollection is that it was Lord Buckmaster and Sir John Simon.