§
Lords Amendment: In page 5, line 16, after "shall," insert:
unless for any special reason the court thinks fit to order otherwise.
§ 2.1 a.m.
§ Sir W. BRASSI beg to move, as an Amendment to the Lords Amendment, in line 2, to leave out the word "special."
§ Question put, "That this House doth agree with the Lords in the said Amendment."
§ The House divided: Ayes, 140; Noes, 12.
2129Division No. 360.] | AYES. | [1.58 a.m. |
Acland-Troyte, Lieut.-Colonel | Gilmour, Lt.-Col. Rt. Hon. Sir John | Morris-Jones, Dr. J. H. (Denbigh) |
Adams, Samuel Vyvyan T. (Leeds, W.) | Goff, Sir Park | Morrison, G. A. (Scottish Univer'ties) |
Agnew, Lieut.-Com. P. G. | Graham, D. M. (Lanark, Hamilton) | Nathan, Major H. L. |
Allen, Lt.-Col. J. Sandeman (B'k'nh'd.) | Graves, Marjorie | Nation, Brigadier-General J. J. H. |
Allen, Lt.-Col. Sir William (Armagh) | Greene, William P. C. | North, Edward T. |
Aske, Sir Robert William | Grenfell, David Rees (Glamorgan) | Orr Ewing, I. L. |
Bateman, A. L. | Grimston, R. V. | Palmer, Francis Noel |
Bilndell, James | Guinness, Thomas L. E. B. | Parkinson, John Allen |
Bossom, A. C. | Guy, J. C. Morrison | Pearson, William G. |
Boulton, W. W. | Hannon, Patrick Joseph Henry | Penny, Sir George |
Bower, Commander Robert Talton | Harbord, Arthur | Petherick, M. |
Braithwaite, J. G. (Hillsborough) | Harris, Sir Percy | Power, Sir John Cecil |
Brocklebank, C. E. R. | Haslam, Henry (Horncastle) | Pybus, Sir John |
Brown, Ernest (Leith) | Heligers, Captain F. F. A. | Raikes, Henry V. A. M. |
Browne, Captain A. C. | Herbert, Major J. A. (Monmouth) | Ramsay, Alexander (W. Bromwich) |
Buchan-Hepburn. P. G. T. | Hope, Capt. Hon. A. O. J. (Aston) | Rathbone, Eleanor |
Caporn, Arthur Cecil | Hare-Belisha, Leslie | Ray, Sir William |
Cochrane, Commander Hon. A. D. | Horsbrugh, Florence | Reed, Arthur C. (Exeter) |
Cocks, Frederick Seymour | Hudson, Capt. A. U. M. (Hackney, N.) | Renwick, Major Gustav A. |
Collins, Rt. Hon. Sir Godfrey | James, Wing-Com. A. W. H. | Ropner, Colonel L. |
Colville, Lieut.-Colonel J. | Jamieson, Douglas | Rosbotham, Sir Thomas |
Conant, R. J. E. | Jenkins, Sir William | Rosa Taylor, Walter (Woodbridge) |
Cooper, A. Duff | Joel, Dudley J. Barnato | Runge, Norah Cecil |
Copeland, Ida | Kerr, Lieut.-Col. Charles (Montrose) | Sandeman, Sir A. N. Stewart |
Craven-Erns, William | Law, Richard K. (Hull, S.W.) | Shaw, Helen B. (Lanark, Bothwell) |
Cripps, Sir Stafford | Leckie, J. A. | Smith, Sir J. Walker- (Barrow-in-F.) |
Crookshank, Capt. H. C. (Gainsb'ro) | Leech, Dr. J. W. | Somervell, Sir Donald |
Cruddas, Lieut.-Colonel Bernard | Lindsay, Noel Ker | Soper, Richard |
Daggar, George | Loder, Captain J. de Vere | Southby, Commander Archibald R. J. |
Daikelth, Earl of | Loftus, Pierce C. | Stanley, Rt. Hon. Lord (Fylde) |
Davies, Edward C. (Montgomery) | Lumley, Captain Lawrence R. | Stones, James |
Davies, David L. (Pontypridd) | Mabene, William | Strauss, Edward A. |
Dobble, William | MacAndrew, Lieut.-Col. C. G.(Partick) | Sugden, Sir Wilfrid Hart |
Dugdale, Captain Thomas Lionel | MacAndrew, Capt. J. O. (Ayr) | Sutcliffe, Harold |
Duggan, Hubert John | McConnell, Sir Joseph | Templeton, William P. |
Edge, Sir William | McCorquodale, M. S. | Thomas, James P. L. (Hereford) |
Edmondson, Major Sir James | MacDonald, Malcolm (Bassetlaw) | Thomson, Sir Frederick Charles |
Edwards, Charles | McEntee, Valentine L. | Tufnell, Lieut.-Commander R. L. |
Elliot, Rt. Hon. Walter | McKie, John Hamilton | Ward, Lt.-Col. Sir A. L. (Hull) |
Elmley, Viscount | Maclean, Nell (Glasgow, Govan) | Ward, Irene Mary Bewick (Wallsend) |
Entwistle, Cyril Fullard | McLean, Dr. W. H. (Tradeston) | Warrender, Sir Victor A. G. |
Fleming, Edward Lascelles | Mainwaring, William Henry | Wise, Alfred R. |
Foot, Dingle (Dundee) | Margesson, Capt. Rt. Hon. H. D. R. | Womersley, Sir Walter |
Ford, Sir Patrick J. | Mason, Col. Glyn K. (Croydon, N.) | Worthington, Dr. John V. |
Fraser, Captain Sir Ian | Mayhew, Lieut.-Colonel John | |
Fremantle, Sir Francis | Milner, Major James | TELLERS FOR THE AYES.— |
George, Major G. Lloyd (Pembroke) | Mitchell, Harold P. (Br'tf'd & Chisw'k) | Captain Sir George Bowyer and Major George Davies. |
George, Megan A. Lloyd (Angiesea) | Morgan, Robert H. |
NOES. | ||
Baldwin-Webb, Colonel J. | Janner, Barnett | Rutherford, John (Edmonton) |
Brass, Captain Sir William | Liddall, Walter S. | Williams, Herbert G. (Croydon, S.) |
Broadbent, Colonel John | Moore-Brabazon, Lieut.-Col. J. T. C. | |
Evans, Capt. Ernest (Welsh Univ.) | Nall-Cain, Hon. Ronald | TELLERS FOR THE NOES.— |
Hunter, Capt. M. J. (Brigg) | Roberts, Aled (Wrexham) | Sir Gifford Fox and Captain Strickland. |
§ I move this Amendment because I want the magistrates to have more discretion than they have by including the words "special reason." I want to make it wider than it is at the present time. What I want to happen is this. Say a person is driving over the speed limit in a built-up area and there is no danger at all and he is merely committing a technical offence, I want it to be possible for the magistrates to take that into account and to say that there is a reason 2131 why the endorsement on the licence should not be made. I think there is another point which might also be mentioned in this particular case. There is a point where the magistrates might consider that an endorsement would prejudice a man getting work later on, and the magistrates might say, "Well, although this man has committed an offence, he is a man who is earning his own living, and therefore we shall not endorse." Then, the next case will come along, and the person concerned has exceeded the speed limit to the same extent exactly, possibly on the same road and at the same time, and, as he is not earning his living by driving, they will say, "In this particular case, which is not a special case, we propose to endorse his licence, because he does not earn his living by driving, although the cases are exactly similar as far as breaking this particular law is concerned."
I appeal to the Minister to give this matter very careful consideration. He is going to impose, later on, a speed limit in certain areas, over a distance of 30,000 miles, about one-third of this country. There will be any number of prosecutions. I have estimated them at 486,000 in 41 months, on the average of the Oxford prosecutions. That is a very serious matter when you consider that all those people will have their licences compulsorily endorsed under this particular Clause of the Bill. The magistrates are the people who try the case, and they understand whether there is any question of danger or carelessness, whether it be a serious case or a perfectly trivial case. They see the witnesses and examine them and find out exactly what was the position. They are very much better able to judge whether a licence should be endorsed or not, and I want to have this Clause as wide as possible in order to give magistrates this discretion which I certainly think they ought to have, and it is for that reason I move.the omission of the word "special."
§ Sir G. FOXI beg to second the Amendment to the Lords Amendment. I do think magistrates should have the power to let people keep clean licences. I myself have driven for many years, and I pride myself on having a clean licence. I think there may be special circumstances in which a Court may say that there should be no endorsement.
§ 2.11 a.m.
§ The SOLICITOR-GENERALI do not think that there is very much between the hon. and gallant Gentleman and ourselves in this matter. I would ask them, however, to consider the effects of the Amendment. It would produce an almost impossible form of words. As the Bill left this House, the court was ordered that it shall endorse particulars' on a licence after the first conviction. That is the primary principle, and we are putting the courts in a great difficulty if we say that they shall do something and then we say that they need not do it. We have had in mind the cases quoted by the hon. and gallant Member for Clitheroe (Sir W. Brass), and that is why we have put in the words in the Lords Amendment. These words are taken from the similar discretion which is given to a court under Section 11 (3) of the Act of 1930, where, as my hon. and gallant Friend will remember, after a conviction it is provided that the licence shall be suspended, but discretion is given to the court. I can assure him that "special reason" covers the case where the offence is small and may affect a man's employment, and that that is clearly a special reason which the Court is entitled to take into consideration. For these reasons, I hope the hon. and gallant Member will not press his Amendment.
§ 2.13 a.m.
§ Mr. H. WILLIAMSI hope that the Solicitor-General will meet my hon. Friend on this point. By Clause 4, a person for careless driving may have his licence endorsed, although it may be a trivial offence. If the words "special reason" are left in, they must mean rather exceptional circumstances in which magistrates are to abstain from doing this very unpleasant thing. I remember a case in which I myself was concerned. I was charged with careless driving, and, if this Clause had been enforced and I had been found guilty of the offence, my licence would have been endorsed. The decision was that the charge ought never to have been brought, and I had an apology from Scotland Yard. If the court had accepted the story the policeman told, I should have been convicted of careless driving, and, if the Clause had been in force, I should have had my licence endorsed, although I had com- 2133 mitted no offence whatsoever. I do not like Clause 4 and I support the proposal to leave out the word "special."
§ Question, "That the word 'special' stand part of the Lords Amendment," put, and agreed to.
§ Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
§ Lieut.-Colonel MOORE-BRABAZONMay I be permitted to move the Adjournment of the House?
§ Mr. DEPUTY-SPEAKER (Sir Dennis Herbert)If I accept the motion at all, in my discretion, I can—and shall—put it forthwith without debate.
§ Lieut.-Colonel MOORE-BRABAZONI beg to move, "That this House do now adjourn."
We have now discussed this very important Measure, which will affect the whole country, for some three hours. I refer, of course, particularly to the Amendments from the Lords, and I do not think that anybody who has listened to the debate can say that the objections raised have been trivial. After all, we are in a difficult position. We have had a new Minister and no one knows what would have happened to the Government if the Solicitor-General had not been sitting by his side. The questions raised have been largely legal matters which only lawyers can decide. I do not think it is within the province of the Minister of Transport to reply to these things, and the Solicitor-General has done yeoman service for the Government to-night. I want to ask whether the Government have any power to accept any Amendments. Are we in such a position to-night that
§ the Government are quite powerless to do anything but accept 14 pages of Amendments, because the other place is not going to sit again. Cannot we have an answer to that question, because, if that be so, we are playing one of the biggest farces ever played in Parliament. If they can tell us I shall be more satisfied as to whether some of these questions before the House are really being decided on their merits. I think that there is an underlying feeling that the 14 pages of Amendments are to be got through to-night, and that the Government have no power to give way on one of them. That seems to me to be a most disgraceful thing.
I do not think that we can be accused of flippancy or obstruction. We sat two and a half months in Committee on this very contentious Bill. We did not all agree. Some of us felt very strongly on the matter. Here we are in the small hours of the morning trying to deal with this question again and altering penalties which have not been the decision of the Government, but are hapazard Amendments introduced in another place during debate. There were very few people present there, and the Government of the day did not feel they could resist this Amendment. We are now in the position of having these haphazard additions and abstractions from the Measure which was changed and altered in another place to consider, and the Government are apparently unable to alter a single comma of what has been done.
§ Question put, "That this House do now adjourn."
§ The House divided: Ayes, 24; Noes, 121.
2135Division No. 361.] | AYES. | [2.24 a.m. |
Baldwin-Webb, Colonel J. | Jenkins, Sir William | Renwick, Major Gustav A. |
Cocks, Frederick Seymour | McEntee, Valentine L. | Roberts, Aled (Wrexham) |
Craven-Eills, William | Maclean, Nell (Glasgow, Govan) | Ropner, Colonel L. |
Daggar, George | Mainwaring, William Henry | Rutherford, John (Edmonton) |
Davies, David L. (Pontypridd) | Milner, Major James | Spears, Brigadier-General Edward L. |
Cobble, William | Moore-Brabazon, Lieut.-Col. J. T. C. | Williams, Herbert G. (Croydon, S.) |
Edwards, Charles | Nall-Cain, Hon. Ronald | |
Fox, Sir Gifford | North, Edward T. | TELLERS FOR THE AYES.— |
Graham, D. M. (Lanark, Hamilton) | Parkinson, John Allen | Captain Sir William Brass and Captain Strickland. |
NOES. | ||
Acland-Troyte, Lieut.-Colonel | Bossom, A. C. | Brown, Ernest (Leith) |
Adams, Samuel Vyvyan T. (Leeds, W.) | Boulton, W. W. | Browne, Captain A. C. |
Agnew, Lieut.-Com. P. G. | Bower, Commander Robert Tatton | Buchan-Hepburn, P. G. T. |
Albery, Irving James | Bowyer, Capt. Sir George E. W. | Caporn, Arthur Cecil |
Allen, Lt.-Col. J. Sandeman (B'k'nh'd) | Braithwaite, J. G. (Hillsborough) | Cochrane, Commander Hon. A. D. |
Allen. Lt.-Col. Sir William (Armagh) | Broadbent, Colonel John | Collins, Rt. Hon. Sir Godfrey |
Bateman, A. L. | Brocklebank, C. E. R. | Colville, Lieut.-Colonel J. |
Conant, R. J. E. | Howard, Tom Forrest | Pybus, Sir John |
Cooper, A. Duff | Hudson, Capt. A. U. M. (Hackney, N.) | Raikes, Henry V. A. M. |
Copeland, Ida | Hunter, Capt. M. J. (Brigg) | Ramsay, Alexander (W. Bromwich) |
Crookshank, Capt. H. C. (Gainsb'ro) | James, Wing-Com. A. W. H. | Ray, Sir William |
Cruddas, Lieut.-Colonel Bernard | Jamieson, Douglas | Reed, Arthur C. (Exeter) |
Dalkeith, Earl of | Janner, Barnett | Ropner, Colonel L. |
Davies, Edward C. (Montgomery) | Kerr, Lieut.-Cot. Charles (Montrose) | Ross Taylor, Walter (Woodbridge) |
Davies, Maj. Geo. F.(Somerset Yeovil) | Law, Richard K. (Hull, S.W.) | Ruggles-Brise, Colonel E. A. |
Dugdale, Captain Thomas Lionel | Leckie, J. A. | Runge, Norah Cecil |
Duggan, Hubert John | Leech, Dr. J. W. | Sandeman, Sir A N. Stewart |
Edge, Sir William | Liddall, Walter S. | Shaw, Helen B. (Lanark, Bothwell) |
Edmondson, Major Sir James | Lindsay, Noel Ker | Smith, Sir J. Walker- (Barrow-In-F.) |
Elmley, Viscount | Loder, Captain J. de Vere | Somervell, Sir Donald |
Entwistle, Cyril fullard | Lumley, Captain Lawrence R. | Soper, Richard |
Fleming, Edward Lascelles | Mabane, William | Southby, Commander Archibald R. J. |
Foot, Dingle (Dundee) | MacAndrew, Lieut.-Col. C. G.(Partick) | Stanley, Rt. Hon. Lord (Fylde) |
Fraser, Captain Sir Ian | MacAndrew, Capt. J. O. (Ayr) | Stones, James |
Fremantle, Sir Francis | McConnell, Sir Joseph | Strauss, Edward A. |
George, Major G. Lloyd (Pembroke) | McCorquodale, M. S. | Sugden, Sir Wilfrid Hart |
George, Megan A. Lloyd (Anglesee) | MacDonald, Malcolm (Bassetlaw) | Sutcliffe, Harola |
Gilmour, Lt.-Col. Rt. Hon. Sir John | McKie, John Hamilton | Templeton, William P. |
Goff, Sir Park | McLean, Dr. W. H. (Tradeston) | Thomas, James P. L. (Hereford) |
Graves, Marjorie | Margesson, Capt. Rt. Hon. H. D P | Thomson, Sir Frederick Charles |
Greene, William P. C. | Mason, Col. Glyn K. (Croydon, N.) | Tufnell, Lieut.-Commander R. L. |
Grimston, R. V. | Mayhew, Lieut.-Colonel John | Ward, Lt.-Col. Sir A. L. (Hull) |
Guinness, Thomas L. E. B. | Mitchell, Harold P.(Br'tf'd & Chlsw'k) | Ward, Irene Mary Bewick (Wailsend) |
Guy, J. C. Morrison | Morgan, Robert H. | Warrender, Sir Victor A. G. |
Hannon, Patrick Joseph Henry | Morris-Jones, Dr. J. H. (Denbigh) | Wise, Alfred R. |
Harbord, Arthur | Morrison, G. A. (Scottish Univer'ties | Womersley, Sir Walter |
Haslam, Henry (Horncastle) | Nation, Brigadier-General J. J. H. | Worthington, Dr. John V. |
Heligers, Captain F. F. A. | Orr Ewing, I. L. | |
Herbert, Major J. A. (Monmouth) | Palmer, Francis Noel | TELLERS FOR THE NOES.— |
Hope, Capt. Hon. A. O. J. (Aston) | Pearson, William G. | Sir George Penny and Mr. Blindell. |
Hore-Belisha, Leslie | Petherick, M. | |
Horsbrugh, Florence | Power, Sir John Cecil |
Question put, and agreed to.