HC Deb 24 April 1923 vol 163 cc249-51
11. Sir WILLIAM DAVISON

asked the President of the Board of Trade if he will inform the House of what persons the Board of Trade is composed; on what date the Board last met for the transaction of business; and by whose instructions was it pleaded, in a recent case on behalf of the Board, that no action could be brought against the Board of Trade except by the service of a writ on each one of its members, including His Grace the Archbishop of Canterbury?

Sir P. LLOYD-GREAME

The constitution of the "Board of Trade" is set out in an Order in Council dated 23rd August, 1786, the terms of which I am having circulated in the OFFICIAL REPORT. I am unable to say when the Board, in its corporate capacity, last met for the transaction of business. With regard to the last part of the question, the real ground in dispute was whether an action lay at all against the Board of Trade. The instructions which I have given are that where an action in fact lies, the Board of Trade solicitor shall accept service. This has been done in the case referred to.

Sir W. DAVISON

Does not the right hon. Gentleman think that it is undesirable on the part of a Department of the State to rely upon a technical plea of this kind in defence of an action; would it not be much better to lay their case properly before the Court and to say the action has been improperly brought?

Mr. HANNON

Is the Speaker of the Irish House of Commons still a member of the Board of Trade?

Sir P. LLOYD-GREAME

If the hon. Gentleman the Member for the Moseley Division will look at the very interesting contribution of that body when it last met he will get the information he desires. My hon. Friend the Member for South Kensington (Sir W. Davison) is under a misapprehension: the new defence to this action was whether action did or did not lie against the Board of Trade. That is the substantial point. If the action does lie at all, the Board will not rely upon the technical question of service on members, but will instruct their solicitor to accept service.

Following is the Order in, Council mentioned.

At the Court at St. James's, the 23rd August, 1786.

PRESENT:

The King's Most Excellent Majesty.

His Majesty was this day pleased to revoke his Order in Council, bearing date the 5th day of March, 1784, appointing a Committee of Privy Council for the consideration of all matters relating to trade and foreign plantations, and to declare the said Committee dissolved. And His Majesty was pleased at the same time to appoint a new Committee of Privy Council for the business above mentioned, and to declare that—

The Speaker of the House of Commons, should be members of the said Committee.

And that such of the Lords of His Majesty's Most Honourable Privy Council as shall hold any of the following offices, namely:

And His Majesty was at the same time pleased to order that the Speaker of the House of Commons of Ireland, and such persons as shall hold offices in His Majesty's Kingdom of Ireland and shall be members of His Majesty's most Honourable Privy Council in this Kingdom, should also be members of the said Committee.

And His Majesty was further pleased to order that—

should also be members of the said Committee.

And His Majesty is hereby further pleased to order that the Right Honourable Lord Hawkesbury, Chancellor of the Duchy of Lancaster, and in his absence the Right Honourable William Wyndham Grenville, be President of the said Committee.