HC Deb 01 February 1944 vol 396 cc1133-4
45. Mr. Mathers

asked the Prime Minister if he can yet state the principle which will be applied in determining the date of the end of the war or the cessation of hostilities, as at that date, or a fixed period thereafter, certain wartime agreements come to an end.

The Prime Minister (Mr. Churchill)

No doubt at some date hostilities will cease in the different theatres of war. It is not for me to state what principles the courts would apply in construing the terms of agreements. Nor am I prepared at present to make any statement as to the principles on which the United Nations will proceed in determining any formal date upon which the war will be deemed to be concluded.

Mr. Mathers

Will the Prime Minister realise that I am really trying to obtain in more precise terms what is meant by a statement such as that in the Railway Control Agreement, which says that control will cease at a minimum of one year after the cessation of hostilities; and could he not put the matter further forward than in the statement he has just made?

The Prime Minister

I certainly see the difficulties but I do not see a way round them.

Sir Herbert Williams

As a great many agreements have been concluded on the basis of the words "termination of the present emergency," and having regard to the fact that these words appear in the Emergency Powers Act, will the right hon. Gentleman look into the question?

The Prime Minister

The courts will have to decide upon these matters in the absence of legislation by Parliament.

Mr. A. Bevan

In view of the fact that the courts will have exactly the same difficulty as the right hon. Gentleman, will the Government make inquiries into the matter and determine upon some form in order to guide the courts in the matter?

The Prime Minister

I certainly think the matter must always be considered but although the courts have the same difficulties as we have, it is their business most specifically to solve them as each case arises—[HON. MEMBERS: "No"]—in the absence of legislation.

Mr. W. J. Brown

Is there any reason why the Government should not do what they did at the end of the last war, and define a date as marking the end of the war?

The Prime Minister

It will be so much easier to define that date when we have actually reached it.