§ 52. Sir John Mellorasked 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. MabaneAs 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 2091 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. MellorAs 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. MabaneOn 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. MellorIs it not a question of opinion rather than of fact?
§ Mr. MabaneYes, Sir.
§ Mr. E. WalkdenIs 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. LevyIs 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. MabaneWe 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.