HC Deb 20 December 1934 vol 296 cc1325-7
Mr. GUY (by Private Notice)

asked the Secretary of State for Scotland if his attention has been drawn to the action of the Edinburgh Town Council in making an order suspending the operation of the general closing hours of shops in Edinburgh for a period of four days during the Christmas season, following on an order by him suspending the hours for six days during the same season, making a total of 10 days excluding Sunday, and what action he proposes to take in this matter?

Mr. SKELTON

The answer to the first part of the question is in the affirmative. As regards the second part, the action taken by the local authority is not a matter in which my right hon. Friend has any power to intervene.

Mr. GUY

Is the action that was taken by the local authority, following upon an Order made by the Secretary of State, not in fact a variation of the Order.

Mr. SKELTON

I cannot answer legal questions on this matter because I should have to refer to the Statute, but I can tell my hon. Friend that the Order was made by the Secretary of State under Section 7 (I) of the Act, on the authority of the following words: He may suspend the operation during the Christmas season or in connection with any other special occasion. The Order made by the Edinburgh Town Council is under Sub-section (2) of the same Section, which provides that, subject to their not issuing an Order for an aggregate of more than seven days in the year, a local authority may, in connection with any such occasion, issue such an Order.

Mr. GUY

Will the hon. Gentleman consider the Proviso to Sub-section (2), which limits the power of the local authority to make an Order suspending the hours for more than seven days and is it not a fact that this order suspends the hours for 10 days?

Mr. SKELTON

Yes, Sir. I follow my hon. Friend's point, but I do not propose to argue the legal question involved, and for this reason, that, even assuming that the local authority misinterpreted the Section upon which they have acted, it is not within my right hon. Friend's power to correct their action.

Mr. RHYS DAVIES

In view of the fact that this is the first time that this anomaly has arisen in connection with the operation of closing orders under the Shops Acts, and also that this is the first time that shop assistants will have to work extra hours during the Christmas period for 10 days instead of six, or even four—probably without any extra payment—will the hon. Gentleman be good enough to consult with the Secretary of State for Home Affairs, to see whether this new point, which has never arisen before, can be got over by an amendment of the law?

Mr. SKELTON

Yes, Sir; I shall be very willing to do that.

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