HC Deb 23 November 1926 vol 200 cc330-45
Mr. HARRIS

I beg to move, to leave out Sub-section (1).

This is an important Amendment from the point of view of the local authorities. This is a Bill which will be as unpopular as it is impracticable, and the Government, very cleverly and skilfully, will try to escape the odium of its administration by pushing it on to the local authorities. All the unpleasantness of prosecutions and the irritation caused by worrying tradesmen and interfering with their stocks is to be put on to the local authorities. This will, undoubtedly, become a bone of great contention. There will be one section who do not want to make food more expensive and who do not want to worry tradespeople, and there will be another section who think that when patriotism is concerned it is quite right that the pour should pay increased cost. Whatever this branding may mean in regard to increased prices to the consumer, it matters not so long as certain people can inflate their chest and say that they are serving the Empire by giving some benefit to privileged individuals.

I want to know who is to pay for the cost of administration. Is it to be pushed on to the local rates? Are the local ratepayers to bear the cost of the Government's folly? Is the cost of administration to be defrayed out of the Treasury or are the local authorities to have the burden of carrying out this foolish and ill-timed Act of Parliament? When the Government embark upon experiments of this kind they ought to take the full responsibility and appoint their own inspectors or any other officials necessary to parade the country, prying into shopkeepers' stocks and finding out whether an apple is a German, a French, an American, a Dominion or a British apple. To push this unpopular Act upon the local authorities is to add insult to injury. It is a kind of legislation which is most deplorable. I do not think the right hon. Gentleman or his colleague can point to a single local authority which has asked for this Act of Parliament If the Government are going to push this work upon the local authorities, the least they can do is to defray the whole cost out of the Treasury.

Mr. RILEY

I beg to second the Amendment.

In doing so I want to call the attention of the House to what is likely to occur if the Clause stands with Sub-section (1) as part of it. The duty of enforcing the observance of this Act is placed upon local authorities. A local authority may have to appoint special officials, or it may have to ask the local medical officer of health to make frequent visits to retail shops, greengrocers' yards, and so on, examining the stocks and seeing whether the goods are duly marked. I need not remind the House that such action would be very distasteful and would be resented, not only by the officers concerned, but by the local authorities in particular. I am certain that if we pass the Bill as it now stands this Government will earn the well-merited dislike of local authorities, if this obligation is to be imposed upon them.

If the local authorities are to be responsible for the legal observance of the requirements imposed by this Act, what will be their position in regard to prosecutions? Assuming the Bill as it now stands becomes law, and a local authority, in pursuance of the duty imposed by this Bill, begins to prosecute, through its local officials, local traders who are found not to be observing the conditions of the Act. A prosecution takes place, and the prosecuted trader, not satisfied with the local verdict, decides to appeal to a higher Court. Is the local authority to be under the obligation of following up litigation from Court to Court in order to enforce this Act? To indicate to the House that I am not drawing tin imaginary picture, I would point our that in his evidence before the Merchandise Marks Committee, in 1920, Mr. Fountain admitted an instance where a prosecution had been taken from the lowest to the highest Courts, which lasted for years, and was extremely expensive. This was a prosecution under the Merchandise Marks Acts, and if local authorities are to have this expense put upon them under the Sale of Food and Drugs Act, Section 29, these expenses have to fall on the rates. That is not a responsibility which ought to be put upon a local authority. If the Government feel that this Act is so important, let them place the obligation upon the State.

Mr. GUINNESS

We think it is absolutely necessary for the efficient working of any Orders that may be made, that the power of enforcement should be given to the local authority. I would remind the House that this only applies to foodstuffs. Further, we are going to make it plain by the Amendment which stands next on the Order Paper—in page 10, line 1, after the word "foodstuffs" insert the words "to which an Order in Council under this Act applies"—that it only applies to foodstuffs under Orders in Council, that is to say, under Clause 2 and not under Clause 1. It is only an optional power; it is not a matter of compelling them to face any expenditure. It is entirely at their discretion.

Mr. RILEY

But if they do not accept it?

Mr. W. THORNE

Will you take them over like the boards of guardians?

Mr. GUINNESS

The local authorities will generally, I am sure, respond to the feeling which, I believe, is very general, that it is their duty to carry out this task. It ought not to need any additional staff; they have already inspectors to take samples under the Food and Drugs Act, under the Sale of Food Order, and under the Weights and Measures Acts, and it is not very difficult to arrange with the existing inspectors to undertake these further duties. I believe local authorities generally will be glad to exercise them. If in any district the ratepayers whom they represent are lax about these Orders, it will be in their hands to avoid these duties. Anyhow, I think it is quite certain they will not be put to any expense. We consider it necessary that this should be in, and we believe that if it were out, to a great extent the provisions of Clause 2 would become inoperative.

Mr. MARCH

It is rather surprising to hear the Minister of Agriculture say that the imposition of these extra duties upon the local authorities will not be very expensive. Just recently you have been asking the local authorities to have meat inspections. We in our district have had to appoint two special meat inspectors, and they are not enough to go round the whole district, but it is as much as we could do. Then, again, we have just had orders from the Minister of Health with regard to permits for coal, which we consider unnecessary. I had a question down to-day. It has cost us already in a fortnight £187 for extra labour. We have had to issue 41,000 separate permits to people to get coal, and it has not stopped yet. Now you are talking of further inspection of food, and do not think it is going to cost the local authorities very much. All these extra costs go on at the wish and whim of this Government, at the expense of the ratepayers. Our rates at present are 25s. in the £, with every probability of an increase if the Government continue their present attitude of cutting off a number of people from unemployment benefit and putting other burdens on to the local authorities. Then when cases come along we cannot get this Government under a month to look into them to see whether people are entitled to benefit, and while people are waiting they are on the Poor Law.

Mr. DEPUTY-SPEAKER

The hon. Member must not drag into this discussion questions outside this Bill.

Mr. MARCH

I think it is necessary to point out to this Government the burdens they keep on imposing. It is only by repetition that we can get them to undertsand anything. The localities have to pay for their misdeeds. The Government ought to delete this Clause entirely.

Mr. WEBB

The right hon. Gentleman who replied for the Government on this point said it was felt to be absolutely necessary that the execution of the part of the Bill which relates to foodstuffs should be in the hands of the local authorities. That is so far an explanation of the position of the Bill, but it is no answer to the point which is made in regard to expenditure. It may be convenient to pass this on to the local authorities to avoid the expense of a large national staff, but there is no reason why the local authorities should have to pay the cost. What does it mean? It means that the expense of the local authorities will vary considerably, not merely whether the local authority will work the Act or not, but it will vary according to the character of the district. It is quite easy to imagine that in a purely rural district the expense of administering the Act will be very trifling, but when you come to the crowded parts of East London, or the equally crowded parts of Liverpool, then inspection will mean a considerable expense, and, what is more, this variation will be quite irrespective of the nature of the rateable value of the district. What the Minister of Agriculture said practically was, that he wanted to use the local officers in order to save the national expense, and rather than put the burden upon the staff at the Ministry of Agriculture, he wants to use the people of the local authority. Well, let him! But why charge the local authority with the expense?

We on this side are precluded from moving an Amendment which would put the expense on the Treasury, but I would point out to the right hon. Gentleman that this is, at any rate, part of a series—I will not say part of a general policy of successive additions to the local rates which have been made one after another during the last few years. While, on the one hand, there is the greatest complaint as to the burden of rates imposed on particular localities, all the while there is a steady increase in the burden of the aggregate of local expenditure, which is being caused by the successive actions of the Government during the last few years. To these successive additions to the expenditure we ascribe a good deal of the rise in rates. This is only one more addition to the burden. The taxpayers and ratepayers are not quite the same persons. There are two or three important differences. One is that if the burden is borne by the Treasury, it is borne, to a very large extent, by the taxpayers and the super-taxpayers, because income Tax is really the tax from which the money comes. I think that for any national purpose you get the fairest and best economic provision by placing it on Income Tax. In that case you have the inestimable advantage that you do not place any burden on the struggling manufacturer or trader. The man who is not making any profit, or just making a little profit, or just avoiding a loss, has not to pay Income Tax. Consequently, every person will see that the burden, if it is borne by Income Tax, is not a burden on industry and does not cause a rise in the cost of production. If, on the other hand, you put the burden on the local rates, it does mean a large burden on the cost of production. Local rates have to be paid, whether the business is flourishing or not. For all those reasons I suggest that the right hon. Gentleman should really get this paid for by the Treasury. He may use the local officer, but he has no reason to throw the burden on the rates I do not think there is going to be any considerable expense incurred, but it should not he put on the rates.

Mr. W. THORNE

I desire to oppose this Amendment. I represent a Division where the rates are exceedingly high. [An HON. MEMBER: "Support the Amendment!"] I beg to support the Amendment. It is quite easy to make a slip like that. I am not the only man who makes slips. I have heard very intelligent Ministers making blunders and misinterpretations. I represent a Parliamentary Division where the rates are exceedingly high—24s. and some odd coppers in the £. I am quite sure all of us anticipate there will be law cases under this Bill when it becomes an Act of Parliament. Take the very wealthy importer of foodstuffs. The West Ham Corporation summons this wealthy importer for violation of the Act. He takes them to the Court of Appeal. The local authority will be compelled to follow to the Court of Appeal. Then he takes the case to the House of Lords. The local authority would be compelled to follow the case to the House of Lords. I can see just a great deal of litigation is going to be involved, and legal obligation thrown upon the local authorities. I hope the Mover of the Amendment will force it to a Division.

Mr. HARDIE

I would like to draw attention to this point. Take the local authority that contains within its area a place like Covent Garden, where you have such quantities of food supplies passing through every day. The authority in that area under this Bill is going to be compelled to pay for that inspection. Just over the border you find goods which have been inspected, but the area only in which Covent Garden is situated is asked to pay for the expense of inspection. I should like to have it made clear if anything in this Bill can be stated clearly—whether in the case where food supplies are inspected under one area and under one authority, and that authority has to pay the bulk of that; and the food passes out to other authorities where inspection is not necessary, and they do not have to pay; is the burden of the inspec- tion to remain on one authority because it happens to have a distributive centre like Covent Garden or Smithfield, while other areas which benefit from the inspection to go free?

Mr. PALING

I would like an answer to this question. What is to be done where a local authority refuses to function under this Bill? Evidently the Government visualise this state of things or they would not have made this provision. Having done so, they must have made up their minds what they are going to do if such a case does occur. It will be impossible to go on under circumstances where certain local authorities are carrying out their duties, and certain others are not. Surely the Government will have to act when that state of things Occurs. I would like to emphasise the point of view of the undesirability of adding to the burden of local rates at this time. I know what it means in my own district. We are faced with a tremendous increase of rates owing to the foolishness of the Goverment during the last six months. It is 3s. in the £ on the Poor Rate, and if the burdens under this Bill are to be added, it means our position will become intolerable in the near future. We are entitled to an answer. If it proves that the administration of this Bill is going to be a fairly costly thing to carry out, are the Government in that event going to make provision to recompense local authorities for the money they expend in that direction?

Mr. GUINNESS

I can only speak again by consent of the House, but perhaps I may answer the specific question. There are certainly other resources open under this Bill. This trouble has not arisen over the Sale of Food Order. The local authorities are quite glad to act.

Mr. PALING

That is not the same thing.

Mr. GUINNESS

It is very much the same thing when we do not know to what commodity marking may be applied. It may be applied to eggs and meat. If local authorities are able to carry out their functions under that Order without any high expenditure, I do not think there will be any difficulty in adding this function.

Mr. CECIL WILSON

The right hon. Gentleman does not seem to realise the extent to which in our large municipalities one thing after another has been piled up by the Government. There is a very strong feeling that a great deal too much has been done in that direction. What is it going to cost? Should inspection be carried out by those whose hands are already full? We feel there are great difficulties in this question. If the inspection is to be carried out at all efficiently, it will certainly mean the appointment of a considerable number of inspectors. We have always understood that hon. Members opposite are against the setting op of an army of inspectors. If this Bill means anything, it means that the Government are encouraging municipalities to take up that position, and that it is the Government rather than we who are setting up bureaucrats.

Mr. T. HENDERSON

I wish to call attention to Sub-section (3) which relates to Northern Ireland. The Sub-section states: (3) The Governor of Northern Ireland may by Order in Council direct, as respects any local authority in Northern Ireland, that the powers of the authority under this Section shall be exercised by the Ministry of Agriculture for Northern Ireland instead of by the authority. The point is that if the Ministry in Northern Ireland appoints—

Mr. DEPUTY-SPEAKER

We cannot now go into that question.

Mr. HARDIE

On a point of Order. May I have a ruling on this question? We are discussing a provision which places charges on a body called a local authority. In a case where, in another part of Great Britain, the powers are not vested in that authority, but in the Ministry of Agriculture for Northern Ireland, is it not competent to compare the two.

Mr. DEPUTY-SPEAKER

It may be in order to compare them.

Mr. HENDERSON

If in Northern Ireland the local authority does not appoint an inspector, and he is appointed by the Ministry of Agriculture there, who pays'? Is it the British Government?

Question put, "That the words proposed to be left out, to the word

execute in page 10, line 1, stand part of the Bill."

The House divided: Ayes, 235; Noes, 99.

Division No. 491.] AYES. [9.39 p.m.
Acland-Troyte, Lieut.-Colonel Forestier-Walker, Sir L. Mason, Lieut.-Col. Glyn K.
Albery, Irving James Foster, Sir Harry S. Meller, R. J.
Alexander, E. E. (Leyton) Foxcroft, Captain C. T. Merriman, F. B.
Applin, Colonel R. V. K. Frece, Sir Walter de Meyer, Sir Frank
Apsley, Lord Fremantle, Lt.-Col. Francis E. Mitchell, S. (Lanark, Lanark)
Ashley, Lt.-Col. Rt. Hon. Wilfrid W. Gadie, Lieut.-Col. Anthony Mitchell, W. Foot (Saffron Walden)
Astbury, Lieut.-Commander F. W. Galbraith, J. F. W. Monsell, Eyres, Coln. Rt. Hon. B. M.
Astor, Viscountess Ganzoni, Sir John Moore, Lieut.-Colonel T. C. R. (Ayr)
Atholl, Duchess of Gates, Percy Moore, Sir Newton J.
Baldwin, Rt. Hon. Stanley Gault, Lieut.-Col. Andrew Hamilton Moore-Brahazon. Lieut.-Col. J. T. C.
Balfour, George (Hampstead) Gilmour, Lt.-Col. Rt. Hon. Sir John Morrison, H. (Wilts, Salisbury)
Balniel, Lord Goff, Sir Park Murchison, C. K.
Barnett, Major Sir Richard Gower, Sir Robert Neville, R. J.
Beckett, sir Gervase (Leeds, N.) Grace, John Newman, sir R. H. S. D. L. (Exeter)
Bethel, A. Graham, Frederick F. (Cumb'ld., N.) Newton, Sir D. G. C. (Cambridge)
Betterton, Henry B. Greene, W. p. Crawford Nuttall, Ellis
Birchall, Major J. Dearman Grenfell, Edward C. (City of London) O'Connor, T. J. (Bedford, Luton)
Bird, E. R. (Yorks, W. R.m, Skipton) Grotrian, H. Brent Oman, Sir Charles William C.
Blundell, F. N. Guest, Capt. Rt. Hon. F. E. (Bristol, N.) Penny, Frederick George
Boothby, R. J. G. Guinness, Rt. Hon. Walter E. Perkins, Colonel E. K.
Bourne, Captain Robert Croft Hacking, Captain Douglas H. Perring, sir William George
Bowater, Col. sir T. Vansittart Hall, Vice-Admiral Sir R.(Eastbourne) Peto, Basil E. (Devon, Barnstaple)
Boyd-Carpenter, Major Sir A. B. Hammersley, S. S. Plelou, D. P.
Braithwaite, A. N. Hanbury, C. Power, Sir John Cecil
Bridgeman, Rt. Hon. William Clive Hannon, Patrick Joseph Henry Pownall, Lieut.-Colonel Sir Assheton
Briggs, J. Harold Harrison, G. J. C. Price, Major C. W. M.
Briscoe, Richard George Hartington, Marquess of Radford, E. A.
Brittain, Sir Harry Harvey, G. (Lambeth, Kennington) Raine, W.
Broun, Lindsay, Major H. Harvey, Majors. E. (Devon, Totnes) Rawson, Sir Cooper
Brown, Brig.-Gen. H. C. (Berks, Newb'y) Haslam, Henry C. Rees, Sir Beddoe
Buckingham, Sir H. Hawke, John Anthony Reid, Capt. A. S. C. (Warrington)
Bullock, Captain M. Henderson, Capt. R. R. (Oxf'd, Henley) Reid, D. D. (County Down)
Burman, J. B. Henderson, Lieut.-Col. V. L. (Bootle) Remer, J. R.
Burney, Lieut.-Com. Charles D. Heneage, Lieut.-Colonel Arthur P. Remnant, Sir James
Burton, Colonel H. W. Hennessy, Major J. R. G. Richardson, Sir P. W. (Sur'y, Ch'ts'y)
Butler, Sir Geoffrey Herbert, Dennis (Hertford, Watford) Ropner, Major L.
Campbell, E. T. Herbert, S. (York, N. R., Scar. & Wh'by) Ruggles-Brise, Major E. A.
Cassels, J. D. Hills, Major John Waller Russell, Alexander West (Tynemouth)
Cayzer, Maj. Sir Herbt. R. (Prtsmth, S.) Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. Rye, F. G.
Chadwick, Sir Robert Burton Hogg, Rt. Hon. Sir D. (St. Marylebone) Samuel, A. M. (Surrey, Farnham)
Chapman, Sir S. Holt, Captain H. P. Sandeman, A. Stewart
Charteris, Brigadier-General J. Hope, Capt. A. O. J. (Warw'k, Nun.) Sandon, Lord
Chilcott, Sir Warden Hope, Sir Harry (Forfar) Sassoon, Sir Philip Albert Gustave D.
Christie, J. A. Hudson, Capt. A. u. M.(Hackney, N.) Savery, S. S.
Churchman, sir Arthur C. Hudson, R. S. (Cumberl'nd, Whiteh'n) Shaw, Lt -Col. A. D. Mcl. (Renfrew, W.)
Clarry, Reginald George Hurst, Gerald B. Sheffield, Sir Berkeley
Cochrane, Commander Hon. A. D. Hiffe, Sir Edward M. Shepperson, E. W.
Cockerill, Brig.-General Sir G. K. Jackson, Sir H. (Wandsworth, Cen't) Skelton, A. N.
Cope, Major William Jephcott, A. B. Smith, R. W. (Aberd'n & Kinc'dine, C.)
Courtauld, Major J. S. Kidd, J. (Linlithgow) Smithers, Waldron
Courthope, Lieut.-Col. Sir George L. King Captain Henry Douglas Spender-Clay, Colonel H.
Craig, Ernest (Chester, Crewe) Kinloch-Cooke, Sir Clement Stanley, Col. Hon. G. F.(Wlirsden.E.)
Crooke, J. Smedley (Deritend) Lister, Cunliffe-, Rt. Hon. Sir Philip Stanley, Lord (Fylde)
Curzon, Captain viscount Little, Dr. E. Graham Stanley, Hon O. F. G. (Westm'eland)
Dalkeith, Earl of Llovd, Cyril E. (Dudley) Storry-Deans, R.
Dalziel, Sir Davison Locker-Lampion, Corn. O. (Handsw'th) Stott, Lieut.-Colonel W. H.
Davies, Maj. Geo. F.(Somerset, Yeovil) Loder, J. de v. Streatfield, Captain S. R.
Davies, Sir Thomas (Cirencester) Lord, Walter Greaves- Stuart, Crichton-, Lord C.
Davies, Dr. Vernon Lucas-Tooth, Sir Hugh Vere Sueter, Rear-Admiral Murray Fraser
Dawson, Sir Philip Luce. Major-Gen. Sir Richard Harman Sugden, sir Wilfrid
Dean, Arthur Wellesley MacAndrew, Major Charles Glen Templeton, W. P.
Drewe, C. Macdonald, Capt. P. D. (I. of W.) Thom, Lt.-Col. J. G. (Dumbarton)
Eden, Captain Anthony Macdonald, R. (Glasgow, Cathcart) Thomson, Rt. Hon. Sir W. Mitchell-
Edmondson, Major A. S. McLean, Major A. Tinne, J. A.
Elliot, Major Walter E. Macmillan, Captain H. Tryon, Rt. Hon. George Clement
Ellis, R. G. Macnaghten, Hon. Sir Malcolm Vaughan, Morgan, Col. K. P.
Elveden, Viscount McNeill, Rt. Hon. Ronald John Waddington, R.
England, Colonel A. Macquisten, F. A. Wallace, Captain D. E.
Erskine, Lord (Somerset, Weston-s.-M.) MacRobert, Alexander M. Warner, Brigadier-General W. W.
Everard, W. Lindsay Maitland, Sir Arthur D. Steel- Waterhouse, Captain Charles
Falle, Sir Bertram G. Malone, Major P. B. Watson, Sir F. (Pudsey and Otley)
Fielden, E. B. Manningham-Buller, Sir Mervyn Watson, Rt. Hon. W. (Carlisle)
Finburgh, S. Margesson, Captain D. Watts, Dr. T.
Wells, S. R. Winterton, Rt. Hon. Earl Woodcock, Colonel H. C.
Wheler, Major Sir Granville C. H. Wise, Sir Fredric Wragg, Herbert
White, Lieut.-Col. Sir G. Dairymple- Womersley, W. J. Yerburgh, Major Robert D. T.
Williams, A. M. (Cornwall, Northern) Wood, B. C. (Somerset, Bridgwater)
Williams, Com. C. (Devon, Torquay) Wood, E. (Chester, staly'b'ge & Hyde) TELLERS FOR THE AYES.—
Windsor-Clive, Lieut.-Colonel George Wood, Sir Kingsley (Woolwich, W.). Mr. F. C. Thomson and Captain Bowyer.
NOES.
Adamson, W. M. (Staff., Cannock) Hamilton, Sir R. (Orkney & Shetland) Riley, Ben
Ammon, Charles George Hardie, George D. Ritson, J.
Attlee, Clement Richard Harris, Percy A. Robinson, W. C. (Yorks, W. R., Elland)
Baker, walter Hartshorn, Rt. Hon. Vernon Scrymgeour, E.
Barnes, A. Hayday, Arthur Scurr, John
Batey, Joseph Hayes, John Henry Sexton, James
Bromfield, William Henderson, T. (Glasgow) Short, Alfred (Wednesbury)
Bromley, J. Hirst, G. H. Sitch, Charles H.
Buchanan, G. Johnston, Thomas (Dundee) Slesser, Sir Henry H.
Charleton, H. C. Jones, Henry Haydn (Merioneth) Smith, H. B. Lees- (Keighley)
Clowes, S. Jones, Morgan (Caerphilly) Smith, Rennie (Penistone)
Cluse, W. S. Jones, T. I. Mardy (Pontypridd) Snowden, Rt. Hon. Philip
Connolly, M. Kelly, W. T. Spoor, Rt. Hon. Benjamin Charles
Cove, W. G. Kennedy, T. Stamford, T. W.
Cowan, D. M. (Scottish Universities) Lansbury, George Stephen, Campbell
Crawfurd, H. E. Lawrence, Susan Sullivan, Joseph
Dalton, Hugh Lawson, John James Thorne, G. R. (Wolverhampton, E.)
Davies, Evan (Ebbw Vale) Lee, F. Thurtfe, Ernest
Davies, Rhys John (Westhoughton) Lindley, F. W. Townend, A. E.
Day, Colonel Harry Lowth, T. Watts-Morgan, Lt.-Col. D. (Rhondda)
Dennison, R. Lunn, William Webb, Rt. Hon. Sidney
Duckworth, John MacLaren, Andrew Westwood, J.
Dunnico, H. Maclean, Neil (Glasgow, Govan) Whiteley, W.
Edwards, C. (Monmouth, Bedwellty) March, S. Wiggins, William Martin
Forrest, W. Maxton, James Williams, C. P. (Denbigh, Wrexham)
Gardner, J. P. Montague, Frederick Williams, David (Swansea, East)
Gibbins, Joseph Naylor, T. E. Williams, T. (York, Don Valley)
Gosling, Harry Oliver, George Harold Wilson, C. H. (Sheffield, Attercliffe)
Greenwood, A. (Nelson and Colne) Palin, John Henry Wilson, R. J. (Jarrow)
Grenfell, D. R. (Glamorgan) Paling, W. Windsor, Walter
Groves, T. Ponsonby, Arthur Young, Robert (Lancaster, Newton)
Grundy, T. W. Potts, John S.
Hall, F. (York, W. R., Normanton) Purcell, A. A. TELLERS FOR THE NOES.—
Hall, G. H. (Merthyr Tydvil) Richardson, R. (Houghton-le-Spring) Sir Robert Hutchison and Major Owen.
Mr. GUINNESS

I beg to move, in page, 10, line 1, after the word "foodstuffs," to insert the words, "to which an Order in Council under this Act applies."

This Amendment is moved for the purpose of making it clear that the powers

of local authorities are only to be exercised under Orders in Council, and not under Clause 1 of the Bill.

Question put, "That those words be there inserted in the Bill."

The House divided: Ayes, 234; Noes, 99.

Division No. 492.] AYES. [9.49 p.m.
Acland-Troyte, Lieut.-Colonel Bowyer, Capt. G. E. W. Churchman, Sir Arthur C.
Agg-Gardner, Rt. Hon. Sir James T. Boyd-Carpenter, Major Sir A. B. Clarry, Reginald George
Albery, Irving James Braithwaite, A. N. Cochrane, Commander Hon. A. D.
Alexander, E. E. (Leyton) Bridgeman, Rt. Hon. William Clive Cockerill, Brig.-General Sir G. K.
Applin, Colonel R. V. K. Briggs, J. Harold Cope, Major William
Apsley, Lord Briscoe, Richard George Courfauld, Major J. S
Ashley, Lt.-Col. Rt. Hon. Wilfrid W. Brittain, Sir Harry Courthope, Lieut.-Col. Sir George L.
Astbury, Lieut.-Commander F. W. Broun-Lindsay, Major H. Croft, Brigadier General Sir H.
Astor, Viscountess Brown, Brig.-Gen. H.C.(Berks, Newb'y) Crooks, J. Smedley (Deritend)
Atholl, Duchess of Buckingham, Sir H. Curzon, Captain Viscount
Baldwin, Rt. Hon. Stanley Bullock, Captain M. Dalkeith, Earl of
Balfour, George (Hampstead] Burman, J. B. Dalziel, Sir Davison
Balnlet, Lord Burney, Lieut.-Com. Charles D. Davies, Maj. Geo. F. (Somerset, Yeovil)
Barclay-Harvey. C. M. Burton, Colonel H. W. Davies, Sir Thomas (Cirencester)
Barnett, Major Sir Richard Butler, Sir Geoffrey Davies, Dr. Vernon
Beckett, Sir Gervase (Leeds, N.) Campbell, E. T. Dawson, Sir Philip
Bethel, A. cassels, J. D. Dean, Arthur Wellesley
Betterton, Henry B. Cayzer, Maj. Sir Herbt. R. (Prtsmth, S.) Drewe, C.
Birchall, Major J Dearman Chadwick, Sir Robert Burton Eden, Captain Anthony
Bird, E. R. (Yorks, W. R., Skipton) Chapman, Sir S. Edmondson, Major A. J.
Blundell, F. N. Charteris, Brigadier-General J. Elliot, Major Walter E.
Bourne, Captain Robert Croft Chilcott, Sir Warden Ellis, R. G.
Bowater, Col. Sir T. Vansittart Christie, J. A. Elveden, Viscount
Everard, W. Lindsay Lloyd, Cyril E. (Dudley) Ruggles-Brise, Major E. A.
Falle, Sir Bertram G. Locker-Lampson, Com. O. (Handsw'th) Russell, Alexander West (Tynemouth)
Fielden, E. B. Loder, J. de V. Rye, F. G.
Finburgh, S. Lord, Walter Greaves. Samuel, A. M. (Surrey, Farnham)
Ford, Sir P. J. Lucas-Tooth. Sir Hugh Vere Sandeman, A. Stewart
Forestier-Walker, Sir L. Luce, Major-Gen. Sir Richard Harman Sandon, Lord
Foster, Sir Harry S. MacAndrew, Major Charles Glen Sassoon, Sir Philip Albert Gustave D.
Foxcroft, captain C. T. Macdonald, Capt. P. D. (I. of W.) Savery, S. S.
Frece, Sir Walter de Macdonald, R. (Glasgow, Cathcart) Shaw, Lt.-Col. A. D. Mcl. (Renfrew, W)
Fremantle, Lt.-Col. Francis E. McLean, Major A. Sheffield, Sir Berkeley
Gadie, Lieut.-Col. Anthony Macmillan, Captain H. Shepperson, E. [...].
Galbraith, J. F. W. Macnaghten, Hon. Sir Malcolm Skelton, A. N.
Ganzoni, Sir John McNeill, Rt. Hon. Ronald John Smith, R. W. (Aberd'n & Kinc'dine, C.)
Gates, Percy Macguisten, F. A. Smithers, Waldron
Gauit, Lieut.-Col. Andrew Hamilton MacRobert, Alexander M. Spender-Clay, Colonel H.
Gilmour, Lt.-Col. Rt. Hon. Sir John Maitland, Sir Arthur D. Steel- Stanley, Col. Hon. G. F. (Will'sden, E.)
Goff, Sir Park Malone, Major P. B. Stanley, Hon. O. F. G. (Westm'eland)
Gower, Sir Robert Manninqham-Buller, Sir Mervyn Storry-Deans, R.
Grace, John Margesson, Capt. D. Stott, Lieut. Colonel W. H.
Graham, Frederick F. (Cumb'ld., N.) Mason, Lieut.-Col. Glyn K. Streatfield, Captain S. R.
Grattan-Doyle, Sir N. Meller, R. J. Stuart, Crichton-, Lord C.
Greene, W. P. Crawford Merriman, F. B. Sueter, Rear-Admiral Murray Fraser
Grotrian, H. Brent Meyer, Sir Frank Sugden, Sit Wilfrid
Guest, Capt. Rt. Hon. F. E. (Bristol, N.) Mitchell, S. (Lanark, Lanark) Templeton, W. P.
Guinness, Rt. Hon. Walter E. Mitchell, W. Foot (Saffron Walden) Thom, Lt.-Col. J. G. (Dumbarton)
Hacking, captain Douglas H. Monsell, Cyres, Com. Rt. Hon. B. M. Thomson, Rt. Hon. Sir W. Mitchell-
Hall, Vice-Admiral Sir R. (Eastb'rne) Moore, Lieut.-Col. T. C. R. (Ayr) Tinne, J. A.
Hammersley, S. S. Moore, Sir Newton J. Tryon, Rt. Hon. George Clement
Hanbury, C. Moore-Brabazon, Lieut.-Col. J. T. C. Vaughan-Morgan, Col. K. P.
Hannon, Patrick Joseph Henry Morrison, H. (Wilts, Salisbury) Waddington, R.
Harrison, G. J. C. Murchison, C. K. Wallace, Captain D. E.
Hartington, Marquess of Neville, R. J. Warner, Brigadier-General W. W.
Harvey, G. (Lambeth, Kennington Newman, Sir R. H. S. D. L. (Exeter) waterhouse, Captain Charles
Harvey, Major S. E. (Devon, Totnes) Newton, Sir D. G. C. (Cambridge) Watson, Sir F. (Pudsey and Otley)
Haslam, Henry C. Nuttall, Ellis Watson, Rt. Hon. W. (Carlisle)
Hawke, John Anthony O'Connor, T. J. (Bedford, Luton) Watts, Dr. T.
Henderson, Capt. R. R. (Oxf'd, Henley) Oman, Sir Charles William C. Wells, S. R.
Henderson, Lieut.-Col. V. L. (Bootle) Penny, Frederick George Wheler, Major Sir Granville C. H.
Hennessy, Major J. R. G. Perkins, Colonel E. K. White, Lieut.-Col. Sir G. Dairymple-
Herbert, Dennis (Hertford, Watford) Perring, Sir William George Williams, A. M. (Cornwall, Northern)
Herbert, S. (York, N. R., Scar. & Wh'by) Peto, Basil E. (Devon, Barnstaple) Williams, Com. C. (Devon, Torquay)
Hills, Major John Walter Pietou, D. P Windsor-Clive, Lieut.-Colonel George
Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. Power, sir John Cecil Winterton, Rt. Hon. Earl
Hogg, Rt. Hon. Sir D. (St. Marylebone) Pownall, Limit.-Colonel Sir Assheton Wise, Sir Fredric
Holt, Captain H. P. Price, Major C. W. M. Wolmer, Viscount
Hope, Capt.-A O. J. (Warw'k, Nun.) Radford, E. A. Womersley, W. J.
Hope, Sir Harry (Forfar) Raine, W Wood, B. C. (Somerset, Bridgwater)
Hudson, Capt. A. U.M.(Hackney, N.) Rawson, Sir Cooper Wood, E. (Chest'r, Sialyb'dge & Hyde)
Hudson, R. S. (Cumberl'nd, Whitch'n) Rees, Sir Beddoe Wood, Sir H. K. (Woolwich, West)
Hiffe, Sir Edward M. Reid, Capt. A. S. C. (Warrington) Woodcock Colonel H. C.
Jackson, Sir H. (Wandsworth, Cen'l) Reid, D. D. (County Down) Wragg, Herbert
Jephcott, A. R. Remer, J. R. Yerburgh, Major Robert D. T.
Kidd, J. (Linlithgow) Remnant, Sir James
King, Captain Henry Douglas Richardson, Sir P. W. (Sur'y, Ch'ts'y) TELLERS FOR THE AYES.—
Kinloch-Cooke, Sir Clement Robinson, Sir T. (Lanes., Stretford) Mr. F. C. Thomson and Captain
Lister, Cunliffe-. Rt. Hon. Sir Philip Ropner, Major L. Lord Stanley.
Little, Dr. E. Graham
NOES.
Adamson, W. M. (Staff., Cannock) Gardner, J. P. Lawrence Susan
Ammon, Charles George Gibbins, Joseph Lawson, John [...]emes.
Attlee, Clement Richard Gosling, Harry Lee, F.
Baker, Walter Greenwood, A. (Nelson and Colne) Lindley, [...] W.
Barnes, A. Grenfell, D. R. (Glamorgan) Lowth, T.
Batey, Joseph Groves, T. Lunn, William
Bromfield, William Grundy, T. W. MacLaren, Andrew
Bromley, J. Hall, F. (York, W. R., Normanton) Maclean, Nell (Glasgow, Govan)
Buchanan, G. Hall, G. H. (Merthyr Tydvil) March, S.
Charleton, H. C. Hamilton, Sir R. (Orkney & Shetland) Maxton, Games
Clowes, S. Hardie, George D. Montague, Frederick
Cluse, W. S. Harris, Percy A. Naylor, T. E.
Connolly, M. Hartshorn, Rt. Hon. Vernon Oliver, George Harold
Cove, W. G. Hayday, Arthur Owen, Major G.
Cowan, D. M. (Scottish Universities) Henderson, T. (Glasgow) Palin, John Henry
Dalton, Hugh Hirst, G. H. Paling, W.
navies, Evan (Ebbw Vale) Hore-Belisha, Leslie Ponsonby, Arthur
Davies, Rhys John (Westhoughton) Johnston, Thomas (Dundee) Polls, John S.
Day, Colonel Harry Jones, Henry Haydn (Merioneth) Purcell, A. A.
Dennison, R. Jones, Morgan (Caerphilly) Richardson, R. (Houghton-le-Spring)
Duckworth, John Jones, T. I. Mardy (Pontypridd) Riley, Ben
Dunnico, H. Kelly, W. T. Ritson, J.
England, Colonel A. Kennedy, T. Robinson, W. C. (Yorks, W. R., Elland)
Forrest, W. Lansbury, George Scrymgeour, E.
Scurr, John Stephen, Campbell Williams, C. P (Denbigh, Wrexham)
Sexton, James Sullivan, Joseph Williams, David (Swansea, East)
Short, Alfred (Wednesbury) Thorne, G. R. (Wolverhampton, E.) Williams, T. (York, Don Valley)
Sitch, Charles H. Thurtle, Ernest Wilson, C. H. (Sheffield, Attercliffe)
Slesser, Sir Henry H. Titchfield, Major the Marquess of Wilson, R. J. (Jarrow)
Smith, H. B. Lees (Keighley) Watts-Morgan, Lt.-Col. D. (Rhondda) Windsor, Walter
Smith, Rennie (Penistone) Webb, Rt. Hon. Sidney Young, Robert (Lancaster, Newton)
Snowden, Rt. Hon. Philip Westwood, J.
Spoor, Rt. Hon. Benjamin Charles Whiteley, W. TELLERS FOR THE NOES.—
Stamford, T. W. Wiggins, William Martin Mr. Charles Edwards and Mr. Hayes.
Mr. GUINNESS

I beg to move, in page 10, line 20, at the end, to insert the words An officer taking a sample under this Sub-section shall forthwith notify the person on whose premises the sample is taken or his agent that the sample is taken in pursuance of the provisions of this Act, and shall, if required so to do at the time of giving such notification, select a second like sample or divide the sample into two parts, and shall mark and seal and leave with that person or agent either the second sample or one part of the divided sample. 10.0 p.m.

The object of this Amendment is to deal with the point raised in Committee that it would be only fair to the trader that he should be informed when a sample is being taken perhaps for purposes of bringing a prosecution and that he should be given an opportunity, if he so wishes, to retain a corresponding sample and, if he wishes, to have it marked and sealed. This is a simple method of attaining the object which was pressed by hon. Members in Committee. It is not suggested that we should copy the procedure under the Food and Drugs Act. That is unnecessary because these samples are not for analysis, and this is merely for the purpose of seeing that they are properly taken. We believe the object which was in the mind of the Committee has been met by the form of words adopted.

Amendment agreed to.