HC Deb 29 May 1933 vol 278 cc1681-2
Mr. D. GRENFELL

I beg to move, in page 13, line 19, at the end to insert the words: (2) Where no consultation with any person has been undertaken as provided in this Sub-section, it shall be competent for the parties concerned to agree to refer any dispute to arbitration. This Amendment would follow on Subsection (1) and needs no explanation from me, but we should like to hear what the Minister has to say upon it.

10.57 p.m.

Mr. SKELTON

The words which the hon. Member seeks to insert contain a definite reference to arbitration and are out of place in this context. "Arbitration" in the strict sense is for the purpose of interpreting or coming to a decision in regard to a binding contract, but in this case ex hypothesi there is no binding contract. There are negotiations in progress between two sides and therefore in the strict sense of the word "arbitration" is out of place in this connection. For that reason alone it would be improper to accept the Amendment. With regard to the suggestion that in negotiations, say, between a marketing board and a body of distributors, it is desirable to have some referee or impartial person to hold the balance equally, we think we have attained that end by the Amendment which has been passed and which provides that marketing boards shall have power in such negotiations to call to their aid impartial people who can be nominated by the Minister and who will act as the impartial element in the negotiations. I think that will have the result desired by the hon. Member but we could not possibly put the word "arbitration" into the Clause.

Amendment, by leave, withdrawn.

10.59 p.m.

Major ELLIOT

I beg to move, in page 13, line 21, to leave out the words "contribute towards" and to insert instead thereof the words "pay the whole or any part of."

This is an important Amendment but I can explain it briefly. It might happen that nobody other than the board was concerned in paying the salaries and expenses of the advisers on whose wisdom the board is allowed by the Clause to draw. In such cases the board would not have the authority to pay the whole of their remuneration and expenses, which it might not be able to contribute towards, although willing to do so, because there was no other party to join in the contribution, but this would enable them to pay, not the contribution, but the sum total of the expenses.

Amendment agreed to.