HC Deb 02 February 1943 vol 386 cc746-8
46. Colonel Arthur Evans

asked the Prime Minister how many orders, rules or by-laws, made in pursuance of Defence Regulations, are now in operation; and how many of these are inconsistent with enactments other than the Emergency Powers (Defence) Act, 1939?

Mr. Attlee

By an express provision in Section 1 of the Emergency Powers (Defence) Act, Parliament provided that statutory enactments might be modified by Defence Regulations so far as is requisite for the defence of the realm or the successful prosecution of the war. Special care is taken to make public the use of this power; and for this purpose there is prefixed to the consolidated reprint of the Defence (General) Regulations (which is published three or four times a year) a Table showing the Acts affected by Defence Regulations and Orders thereunder. The number of Statutory Rules and Orders made under Defence Regulations which are now in operation (including many which directly affect limited classes of people only, for example, those engaged in a particular trade) is about 2,100.

Colonel Evans

What control, if any, has the House of Commons over these Regulations?

Mr. Attlee

Perhaps the hon. and gallant Gentleman will put that question on the Paper.

Sir H. Williams

What steps can any Member take, who thinks one of these Rules, Orders or By-laws is not in the public interest, to have it annulled?

Mr. Attlee

Perhaps the hon. Gentleman will put that question down?

Sir H. Williams

I have been in correspondence with the right hon. Gentleman. Surely he is in a position to answer the question?

Mr. Attlee

So far as I am aware, the hon. Gentleman has not been in correspondence on that point but on another point altogether.

Mr. Levy

Is the right hon. Gentleman aware that a large number of these Orders have never been laid on the Table at all, that they are made outside the jurisdiction of the House, and they are really taking unto themselves powers which ought to be vested in this House and which it is the duty of Members of Parliament to see vested in the House of Commons and not in bureaucratic control?

Mr. Attlee

All these powers are being exercised under Section 1 of the Emergency Powers (Defence) Act.

Mr. Levy

Yes, but they should have been laid on the Table.

Mr. Neil Maclean

On a point of Order. Is it not the case that any Orders which have to be made under particular Acts should be laid on the Table, and that that is not being done with a number of them?

Mr. Speaker

I could not tell whether that does or does not apply to these particular Regulations.