HC Deb 23 February 1932 vol 262 cc302-4

Amendments made: In page 18, line 4, leave out the word "Anything," and insert instead thereof the word "Any order or regulations."

In line 4, leave out the word "done," and insert instead thereof the word "made."

In line 8, leave out the word "done," and insert instead thereof the word "made."—[Mr. Hore-Belisha.]

Mr. HORE-BELISHA

I beg to move, in page 18, line 6, at the end, to add the words: and any other thing required or authorised under this Act to be done by, to, or before the Board of Trade may be done by, to, or before the President of the Board or any person authorised by him in that behalf.

Mr. JANNER

I am sure that there must be a number of hon. and right hon. Members of the House who think with me that this is a very drastic suggestion on the part of those who are proposing the Amendment. Already, according to the various powers which are being given, certain bodies have rights which are ordinarily invested in Parliament as a whole. In this instance, it is clear that the intention is to relieve the Board of Trade from taking the full responsibility and from conducting the investigations with regard to these matters. We know that in ordinary procedure a person to whom a matter is delegated has not the power to delegate his authority to anybody else. I contend that it would not be consistent with the privileges and rights which we are entitled to have exercised that one person who might be authorised by the Board of Trade should be enabled to inflict upon us Orders under this particular Measure of such wide and far-reaching importance. In these circumstances, I oppose the introduction of the Amendment.

Mr. HORE-BELISHA

I hope that I shall be able to remove the fears of my hon. Friend with regard to the Clause. It was found by a technical mistake as it were that everything authorised in the Bill to be done by the President of the Board of Trade would have to be done either by the President himself or by a Secretary of State in his behalf. There are a number of detailed administrative provisions in the Bill which it would be an imposition upon the President of the Board of Trade or upon the Secretary of State to require that they should carry out personally. For instance, there are the provisions in Clause 9 which merely seek information of certain manufacturers. With regard to those administrative provisions we are asking, in the Amendment to which my hon. Friend refers, for authority for the President to delegate his duties to subordinate officials—I hope that my hon. Friend follows me—whereas any of the major powers conferred upon the President of the Board of Trade with regard to the imposition of taxation in other Clauses of the Bill will still have to be exercised by the President or by a Secretary of State.

Mr. JANNER

I am afraid that my fears are not entirely removed. They are somewhat more acute than that. The Clause referred to says specifically that anything authorised under the Act is to be done by the Board of Trade, and then they wish to add: any other thing required or authorised under the Act to be done by, to, or before the Board of Trade may be done by, to, or before the President of the Board or any person authorised by him in that behalf. If my hon. Friend desires to remove any serious doubts which we possess, may I suggest to him that on the Report stage the wording should be amended so as to make it clear that there are certain things which cannot be done by anybody to whom authority has been delegated by the President of the Board of Trade.

Mr. HORE-BELISHA

I think that if my hon. Friend could reconstruct the Clause by reference to these Amendments he would see that his fears were groundless. I will try and perform that function for him. any Order or regulations authorised under this Act to be made by the Board of Trade may be made by the President of the Board of Trade or in his absence by a Secretary of State, and any other thing required or authorised under this Act, to be done by, to, or before the Board of Trade may be done by, to, or before the President of the Board or any person authorised by him in that behalf. The words and any other thing "only refer to the carrying out of the administrative provisions of the Act, for by the very first words we preserve to the President or to the Secretary of State all the important powers.

Mr. JANNER

I am obliged to my hon. Friend for the explanation which he has given, and, if that is all that it means, I am satisfied.

Amendment agreed to.

Clause 22 (Short Title) ordered to stand part of the Bill.