HC Deb 20 January 1944 vol 396 cc334-5
2. Mr. Rhys Davies

asked the Minister of Labour whether he is aware of the resentment caused by the action of his Department in prosecuting workers for offences against the industrial code that were not punishable before the outbreak of war; that in some cases, on the first appearance in court, the offender is sentenced to imprisonment without the option of a fine, whilst a similar offence in another court within a few miles is dealt with by a fine without imprisonment; and whether he will consider setting up other tribunals unconnected with crime and more familiar with industrial problems and secure similarity of treatment in all such cases throughout the country.

Mr. Bevin

The policy of bringing these cases before magistrates' courts, where the hearings are subject to judicial procedure and can, if necessary, be reviewed by the higher courts, was adopted with the knowledge and concurrence of representatives of employers and labour, and I am not aware that any general resentment is caused by this procedure. Complaints have been confined to a comparatively small number of individual cases. While there would be general agreement as to the undesirability of imprisonment, except in extreme cases, the existence of this ultimate sanction is, I think, necessary in present circumstances for the enforcement of legal provisions which are essential to the maintenance of a full standard of production.

Mr. Davies

Is my right hon. Friend not aware that these poor people have no legal aid at all against all the powers of his legal department and to take a man to the High Court in one of these cases seems to me to be very unreasonable? With all his great experience of industrial problems, cannot my right hon. Friend possibly find means whereby he can prevent these people being prosecuted and sent to gaol, since they are not doing anything for the war effort if they are in prison?

Mr. Bevin

These orders have been made on the authority of the House and in accordance with Acts of Parliament and I cannot carry them out without the final sanction. These men only have to obey reasonable directions from the Ministry to avoid being sent to gaol.

Mr. Davies

Was it not the right hon. Gentleman who brought these regulations before the House of Commons? What I ask him now is whether, with his great industrial experience, he cannot bring forward something to amend these regulations.

Mr. Bevin

I cannot bring anything forward to take the place of the final sanction and the operation of the judiciary of this country. I have relied on them all through the war. I repeat that, if these people obey, they have the right to appeal, but if they deliberately set themselves out to defy the law, then they themselves call in the final sanction.