CLAUSE 12.—(Constitution and procedure of arbitration tribunal.) (Hansard, 5 December 1932)

§ The ATTORNEY-GENERAL
I beg to move, in page 18, line 5, after the word "to," to insert the words: in Sub-section (3) of Section ten or. There are arrangements in the Bill for an arbitration tribunal, but it is thought unnecessary to keep the arbitration tribunal alive for all purposes, and Subsection (3) of Clause 10 provides for any dispute between the Board and the local authority being settled either by the arbitration tribunal or, if that is dissolved, 1322 by an ad hoc arbitrator. This Amendment is to add words in order to bring in the class of dispute which is mentioned in Sub-section (3) of Clause 10.

§ Sir K. VAUGHAN-MORGAN
I beg to move, in page 19, line 17, after the word "may," to insert the words: and on the application of any person or class of persons aggrieved by an a. aid shall. 7.36 p.m.
The purpose of this Amendment is clear. It is to give the opportunities of appeal to any body of persons who may be adversely affected. Throughout the Bill we desire to give the public not only as much information as possible, but also as much opportunity as possible of presenting their case and learning their position.

§ The ATTORNEY-GENERAL
I hope my hon. Friend will agree that these words need not be added to the Clause. The form of Clause 10 is an amalgamation of two Sections of the Arbitration Act, which is familiar to all lawyers. They are Sections 7 and 19. Section 7 is that which requires an arbitrator to state his award in the form of a special case, or allows him to state it so, that is to say at the end of the hearing. Section 19 allows him, at the request of either of the parties, to propound a question of law which has been raised, for a decision by the High Court. If a party wants such a question asked the arbitrator most give that party an opportunity of going to the courts for an order to the arbitrator to state this question for the information of the court. We have put into this Clause both those processes. We have suggested that the arbitration tribunal shall have power to state their award for a special case. The Amendment is to allow the arbitration tribunal to state their award in the form of a special case. I think that that is unnecessary because of the compulsory effect of the latter part of the Clause, which says that the arbitrator shall state the point that arises in the course of the case if the Court of Appeal order him to do so. The provision in the Clause is the same in substance as the Amendment. The procedure in the Bill will introduce economy and cheapness. This House is always complaining of the dear- 1323 ness of litigation. The object of the Clause is to reduce as far as possible the cost of these arbitration proceedings. The Amendment would add nothing to the effect of the Clause and might add to the cost of legal proceedings.

§ Sir S. CRIPPS
I agree entirely with the Attorney-General. What the Amendment asks is that on the application of any person aggrieved by an award the arbitrator shall then state the award. But he has already done it before the person is aggrieved, and he cannot do it again. Really these words would not mean anything if they were inserted.

§ Sir K. VAUGHAN-MORGAN
I would thank the learned Attorney-General for his explanation. One is always at a disadvantage, as a layman, in these legal technicalities. My only purpose was to give the public the maximum opportunity at the minimum of cost. I beg to ask leave to withdraw the Amendment.