§ 45. Mr. Lennox-Boydasked the Prime Minister what action he proposes to take on the renewed attention drawn by the most recent report from the Select Committee on S.R. & O. (Special Report PXI, Para. 5), to the apparent absence of any principle determining the choice between the procedure by affirmative resolution and the procedure for annulment of orders by adverse prayer.
§ The Lord President of the Council (Mr. Herbert Morrison)I have been asked to reply. It is the practice of the Government to consider carefully in each case in the light of the precedents whether the affirmative or the negative procedure is more appropriate, but the matter is one for determination by Parliament on each occasion, having regard to the particular legislation laid before it, and it would be unwise to attempt to formulate any precise rules which would fetter the discretion of Parliament and of the Government.
§ Mr. Lennox-BoydDoes the right hon. Gentleman know that, when we came back after the Recess, we found that 204 orders had been issued during the Recess, and that it is almost impossible for Private Members to master all these orders? Should there not be an onus on the Government to develop some formula under which orders raising novel or important questions would require to have a case made out for them by the Government, when the affirmative resolution procedure should be applied?
§ Mr. MorrisonI think that would be difficult to define, and it would lead to endless disputes on whether an order should properly be put into a category or left out. I do not think it would be wise.
§ Mr. MarloweMay I ask this question? The right hon. Gentleman said that sometimes the Government have decided on the affirmative resolution and sometimes on the negative resolution. Will he tell the House on what principle this is decided?
§ Mr. MorrisonIn the end, it is Parliament which decides, and not the Government, because the Bill comes before Parliament and Parliament can argue the point and decide it. If I put 1829 these things into precise words, I am perfectly sure we shall get into difficulties about them sooner or later and I do not propose to do so. I only said that it is carefully considered and that we try to take a logical course in the classification between the two, but circumstances change. For example, Sunday opening licences for cinemas were put down as affirmative orders, and rightly, so, but, today, it is another matter, because they are hardly ever challenged.