HC Deb 18 July 1930 vol 241 cc1708-9
Colonel ASHLEY

I beg to move, in page 68, line 23, after the word "order," to insert the words "including an order as to the payment of costs."

When the applicant for a driver's or conductor's licence thinks that he is aggrieved by the refusal of the commissioners to grant him a licence he can appeal to a court of summary jurisdiction and the Amendment seeks to insert a provision that that court shall be able to award costs. If the man's case is a had one he should be made to pay the costs, and, on the other hand, if he has been badly treated the costs should be paid for him.

Mr. HERBERT MORRISON

I shall try to be as brief in resisting this Amendment as my right hon. and gallant Friend has been in moving it. The point of the Amendment is that the proper licensing authority can grant licences to conductors, drivers, etc., and there can be an appeal to a court of summary jurisdiction against a refusal of the licensing authority to grant a licence. The cases will not be extensive, and in most of them the man will be likely to fail, owing to the previous history of the case. The man in that event under this Amendment would be mulcted in expenses. I think in cases of this kind costs should not be awarded against a man who is fighting for his means of livelihood, and, as it is a small point, perhaps my right hon. and gallant Friend will not press the Amendment.

Amendment, by leave, withdrawn.