HC Deb 07 July 1943 vol 390 cc2090-1
52. Sir John Mellor

asked the Parliamentary Secretary to the Ministry of Food whether he will explain the purpose of paragraph 6 of the Emergency Powers (Defence) Food (Soya Flour) Order, S.R. and O., No. 855 of 1943; and whether he will publish some explanatory note for the guidance of traders, in order that they may not unwittingly render themselves liable to prosecution?

Mr. Mabane

As I explained to my hon. Friend last week, the purpose of this Article, which appears in all price control Orders made by my Department, is to make it an offence to evade price control by a collateral and collusive bargain which is artificial. My Noble Friend sees no need for the action suggested by my hon. and learned Friend.

Sir J. Mellor

As my hon. Friend has said it is impossible to define the expression "artificial transaction," does not this paragraph create an offence which is in itself undefinable?

Mr. Mabane

On many occasions this House has insisted that artificial transactions should be prevented, and the House insists on this sort of provision being made.

Sir J. Mellor

Is it not a question of opinion rather than of fact?

Mr. Mabane

Yes, Sir.

Mr. E. Walkden

Is the hon. Gentleman aware that almost every grocer knows exactly what is meant by the Order and the meaning of the term "artificial transaction"?

Mr. Levy

Is not the inference that it is more or less unintelligible, and if an explanatory memorandum was supplied with these Orders, would it not save a good many questions being put in this House and at the same time be an advantage to the traders of the country?

Mr. Mabane

We should be very glad to issue an explanatory memorandum if it were here appropriate, but an explanatory memorandum here would be usurping the functions of the court, I am afraid.