HC Deb 27 April 1944 vol 399 cc913-4
18. Sir Irving Albery

asked the Secretary of State for the Home Department, why, under the Emergency Powers (Defence) Isle of Man Regulation (S.R. & O., No. 331 of 1944), it is provided that a member of the local tribunal or the appellate tribunal is not submitted in advance for the approval of Tynwald, but if, after his appointment, Tynwald disapproves he ceases to be a member; and will he consider amending the Order.

Mr. H. Morrison

There are often considerable intervals between sittings of Tynwald. The Regulation, which was made at the request of Tynwald, enables an immediate appointment to be made subject to the subsequent approval of Tynwald, thus avoiding the interruption in the work of the tribunal which would arise if the appointment had to be approved in advance.

Mr. Gallacher

Are we to understand that if a decision is made by the Tribunal and, following the decision, the Tynwald considers a member unfit to sit, and removes him, the decision made with his support will still stand?

Mr. Morrison

I should have thought so. It would be highly inconvenient if it was not so.

47. Sir Herbert Williams

asked the Lord President of the Council, having regard to the fact that the Order in Council of 30th April, 1936 (Judicial Committee Fees) published in 1944 (S.R. & O., No. 192, of 1944) imposed increased charges on His Majesty's subjects without any statutory authority and without any disclosure to Parliament, when it is intended to introduce a Bill of Indemnity to validate the charges made illegally during a period of eight years.

The Lord President of the Council (Mr. Attlee)

My honourable Friend is misinformed. The Order in Council to which he refers was made in pursuance of section 15 of the Judicial Committee Act, 1843. There is no statutory requirement that such Orders shall be laid before Parliament and the validity of the Order of the 30th April, 1936, was not affected by the delay in publishing it as a Statutory Rule and Order. The last part of the Question, therefore, does not arise.

Sir H. Williams

In these circumstances since the Order was made under statutory authority can the right hon. Gentleman say why the usual practice of reciting the Statute was not followed?

Mr. Attlee

I would like to see that question on the Paper.

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