5. Mr. HAMMERS LEYasked the Minister of Labour what steps he has taken to ensure that the decision of his Department that Mr. Clarke, of Stock-port, an unemployed groundsman, must be treated as an agricultural worker, should be tested by the High Court?
§ Sir H. BETTERTONAs I have explained to my hon. Friend, the only way in which this decision can be tested in the High Court is by means of an appeal lodged by Mr. Clarke. I understand that the time-limit ordinarily applying to such an appeal has now expired, but it is open to Mr. Clarke to apply to the High Court for an extension of time.
§ Mr. HAMMERSLEYDoes not my right hon. Friend appreciate that this theoretical right of being able to apply to the High Court, a right given to a person who literally has not a penny in the world, is no right at all; and may I ask my right hon. Friend whether, in respect of the answer which he recently gave dealing with this decision, he will now say that he will favourably consider bringing instructions forward to deal with this kind of decision in Clause 2 of the Unemployment Act?
§ Sir H. BETTERTONObviously, I cannot say anything about Clause 2 until the Bill becomes law. There is no Act at the moment. With regard to the first part of the question of my hon. Friend, I certainly place no obstacles in the way of an appeal, and, if Mr. Clarke chooses to appeal, I hope he will do so, but it is only fair to point out that this case, as far as I can see, is directly covered by the judgment of Mr. Justice Roche, who is the judge selected for this purpose, which decision is absolutely binding, and in this case there is nothing we can do and certainly nothing that I can do.
§ Mr. HAMMERSLEYMy right hon. Friend has not replied to the second part of my supplementary question, which asks whether these abnormal or border-line cases will be favourably considered? It is quite true that my right 1362 hon. Friend cannot say what will happen, but will they be favourably considered?
§ Sir H. BETTERTONMy hon. Friend has asked me a question which I really cannot answer, and it is obvious that I cannot answer it. If a case is on the border-line, it comes within Clause 2 of the Bill as it now stands, and if it is a border-line case, I hope very much that Clause 2 will apply to it, and that the request which my hon. Friend has made will be granted.
§ Mr. HAMMERSLEYIn view of the unsatisfactory nature of the reply, I beg to give notice that I shall raise this matter on the Adjournment at the earliest possible opportunity.