HC Deb 23 February 1938 vol 332 cc487-90

10.22 p.m.

Sir A. Baillie

I beg to move, in page 17, line 42, to leave out from "date," to the end of line 43, and to insert: (a) In the case of a film which has been publicly exhibited outside Great Britain before being trade-shown later than six months after the date on which he gives the undertaking; (b) In the case of a British film not publicly exhibited outside Great Britain before being trade-shown later than twelve months after the date on which he gives the undertaking. The object of this Amendment is very similar to that of the Amendment I moved just now: that is, to safeguard the interests of British producers who are definitely in competition with foreign producers. As I have already stated, one of the handicaps of British producers is that before they produce their pictures they have to wait so long before they can get them trade-shown. Foreign producers should not be allowed to book ahead more than six months, but we know that often the British producer cannot find any date within the six months' period. I think it would be well if he could book his picture up to 12 months ahead.

10.23 p.m.

Vice-Admiral Taylor

I beg to second the Amendment.

The arguments are similar in principle to those put forward on the last Amendment.

10.24 p.m.

Captain Wallace

I regret that I cannot recommend the House to accept this Amendment. My reasons are very much the same as those given by my hon. and learned Friend the Solicitor-General on the previous Amendment. This Amendment, as the House will appreciate, seeks to modify the advance-booking provisions by making it possible for a film which has been publicly exhibited outside Great Britain to be booked not later than six months in advance, but extending the advance-booking period from six to 12 months for British films not shown outside this country before being trade-shown. The effect of the latter part of the Amendment would be entirely retrograde in that it would be increasing the period of advance-booking from six months, in the case of British films, to 12 months. Twelve months was certainly allowed as the advance-booking period at the beginning of the 1927 Act. That was simply because it was at that time the practice of the trade to book in advance for a period as long as that, or even longer. It was generally agreed that the advance-booking of a film for this long period placed the exhibitor in an extremely unfortunate situation, and the period of advance-booking was gradually reduced from one year to six months. Actually the advance-booking period of six months has operated since 1st October, 1930, and no representations have been made to the Board of Trade by any section of the industry suggesting that this period should be extended.

The Moyne Committee recommended that advance-booking restrictions should be removed altogether, but that was one of the recommendations of the report which was opposed by all sections of the industry. I fully appreciate the reasons which induced the hon. Member to move and the hon. and gallant Member to second the Amendment. It does discriminate in favour of British films, which I am anxious to help, but apart from the fact that the whole policy of the restriction of advance-booking was devised, as I have said, to protect the small exhibitor from the clutches of a multiple organisation, I must remind the House that, to accept the Amendment would involve an internal discrimination by Statute between British and foreign producers, and, therefore, would be against our general commercial policy, and for that reason I ask the House to reject the Amendment.

10.28 p.m.

Mr. Day

I listened with great interest to what was said by the Mover of this Amendment, especially as he made reference to the American producers being able to make arrangements with the exhibitors with regard to the various films they had made for booking ahead. I wonder whether the Mover and the Seconder had in mind the renter and not the producer?

Sir A. Baillie

The renter of foreign films. If I used the word "producer" it was in error. I was referring to the renter.

Mr. Day

Hon. Members will remember that it was the word "producer" which the hon. Member used. People who have had some connection with the business know that the dates for British films are made as they are for American films. Although they are not booked up until trade shows, the dates are secured. That should get over the difficulty expressed by the Mover of the Amendment. When you find a good film is produced and there is a good cast, and it is a good production, whether British or foreign, the dates are secured well in advance. That does away with the suggestion that this applies only to American films.

Amendment negatived.

10.30 p.m.

Captain Wallace

I beg to move, in page 18, line 3, to leave out "for the exhibition of," and to insert, "in so far as it provides for."

This Amendment and the next Amendment may be described as purely drafting, but it is best that I should give a short explanation. The proviso to the Clause, as drafted, could be read as removing the restriction on the making of an advanced booking agreement in respect of parts of a serial or series of films as soon as three parts of such a film have been exhibited to the public. What was intended by the proviso was that the Clause should not restrict the making of an advanced booking agreement on the part of a serial or series of films, except in respect of the first three parts. In other words, it is permissible for an agreement to be made providing for the exhibition of parts of a serial ox series beyond the third, to be exhibited at more than six months ahead, provided the first three parts are exhibited within the six months period.

Amendment agreed to.

Further Amendment made: In page 18, line 4, after "series," insert "being exhibited."—[Captain Wallace.]