HC Deb 01 March 1937 vol 321 cc109-11

Lords Amendment: In page 2, line 24, leave out "on the evidence of physicians or otherwise," and insert "by evidence which shall include the evidence of physicians."

7.59 p.m.

Sir J. Simon

I beg to move, "That this House doth agree with the Lords in the said Amendment"

This is to carry out the promise which I gave to the hon. Member for the Scotland Division of Liverpool (Mr. Logan).

Lords Amendment: In page 2, line 27, after "functions," insert: or that they are satisfied by evidence that the Sovereign is for some definite cause not available for the performance of those functions.

Sir J. Simon

I beg to move, "That this House doth agree with the Lords in the said Amendment."

Mr. Attlee

The right hon. Gentleman suggested a historical reference to King Richard I. Was that the only kind of instance in the mind of those who made the Amendment, or can the right hon. Gentleman suggest other circumstances that might arise?

Sir J. Simon

I looked at the words very much from the same point of view as the right hon. Gentleman, because I am as anxious as he is that we should not unwittingly open the door too wide. The instance of shipwreck was suggested, but instances of a different kind can be imagined. There is the case in which the Sovereign might be abroad, not intending to be away more than a short time, so that no special arrangements had been made, but, owing to some definite cause, he was not available to discharge his functions. The phrase "for some definite cause" is essentially limiting, and that is the reason why we drew it in that form, because I do not want to open the door too wide, but with the best will in the world it is extraordinarily difficult to find a phrase which is narrower than "not available," because we are dealing with a number of improbable but, none the less, conceivable accidents.

Mr. Attlee

Have not all the instances given been instances of absence and, if the word "absence" was in, and the cause is absence from the kingdom, whether through shipwreck or any other reason, does not that narrow the cause?

Sir J. Simon

I have a certain embarrassment in suggesting conceivable but, no doubt, improbable causes. I can conceive a case in which this country was invaded, and the situation would not be one in which the King was absent from the Kingdom. I did personally, with the help of my legal advisers, try to limit the words as much as I could, and every time I did so I found that there was a certain danger of omitting something which, however unlikely, was possible.

Remaining Lords Amendments agreed to.