HC Deb 27 July 1943 vol 391 cc1384-5
46. Sir H. Williams

asked the Prime Minister whether his attention has been drawn to the fact that in Orders issued by the Ministry of Food there are restrictions on buying and selling, for example, in the Emergency Powers (Defence) Food (Canned Fish) Order (S.R. & O. No. 962 of 1943), whereas in Orders issued by the Ministry of Supply, for example, the Emergency Powers (Defence) Raw Materials (Talc and Pyrophyllite) Order (S.R. & O. No. 960 of 1943), there are restrictions on acquiring goods, and as, from the text of the Orders, buying and acquiring appear to have the same meaning and, as the use of different words for the same purpose is calculated to involve the courts in difficulties of interpretation, will he issue instructions as to the drafting of future Orders?

Mr. Attlee

No, Sir. The hon. Member has missed the refinements. The difference between the meanings of the expressions "buying" and "acquiring" is well known. The latter includes transactions where no purchase is involved, e.g. barter transactions. The difference is well illustrated in the two Orders to which the hon. Member refers. The Canned Fish Order (S.R. & O. 1943 No. 962) is a Maximum Prices Order and is therefore rightly confined to purchase transactions. On the other hand the Raw Materials (Talc and Pyrophyllite) Order (S.R. & O. 1943 No. 960) is intended to control all acquisitions whether by purchase or otherwise. Hence the difference in the terms used in the two Orders.

Sir H. Williams

Can my right hon. Friend give me any example of anything that is acquired otherwise than under the second Order he mentioned? [Laughter.] Seriously, does not the right hon. Gentleman think that it is most desirable that the courts should not be embarrassed by using different words to express the same meaning?

Mr. Attlee

I have explained to the hon. Member that these words are used because they cover different things. It is not the case that the courts have been embarrassed.

Sir H. Williams

Then will the right hon. Gentleman tell us what different things can possibly arise?