HC Deb 22 April 1948 vol 449 cc2001-2
55. Sir J. Mellor

asked the Minister of Labour why by the Control of Employment (Directed Persons) (Amendment) Order, 1948, he has directed National Service officers to have regard to any directions he may give as to how a directed person, notwithstanding the recommendation of the local appeal tribunal, shall be directed.

Mr. Isaacs

The appeal boards do not give decisions but make recommendations. The purpose of the order is to make it clear that National Service Officers, when deciding what action to take on a recommendation from a local appeal board, must act in accordance with general instructions issued by me from time to time.

Sir J. Mellor

Can the right hon. Gentleman say what circumstances have arisen to make this order necessary, and will he agree that the order reduces the status of the local appeal tribunals?

Mr. Isaacs

I cannot agree with that. It is not intended for that purpose, and I feel sure that it will not do so. The aim of the order is to prevent the National Service officers in different parts of the country arriving at different findings. We want to get the same kind of interpretation of the regulation operating throughout the area. The regulation provides that the National Service officer is the person authorised to give directions under Regulation 58A on behalf of the Minister and in accordance with his instructions. It is merely for the purpose of uniformity.

Mr. Joynson-Hicks

Is not the effect of the order to give the National Service officer the right to overrule any appeal board, and does that not destroy the confidence of the people of this country in the appeal boards?

Mr. Isaacs

The general instruction is not changed. All this does is to make it necessary for all National Service officers to take cognisance of any general instruction which may be issued from time to time as to the interpretation of the regulation.

Mr. Joynson-Hicks

Surely, that should not be necessary?

Mr. Boyd-Carpenter

Is it not a fact that the order empowers the Minister to give a particular direction to National Service officers in considering cases affecting particular appeals?

Mr. Isaacs

No, Sir. It may be that an interpretation has been given and subsequently reversed, but the whole purpose of the order is that the instructions shall be general instructions and not specific to any case. It may be necessary, if a specific case arises, to draw the attention of the National Service officer to the general instruction.

Sir J. Mellor

What new circumstances have arisen to make this order necessary?

Mr. Isaacs

As the hon. Gentleman has been good enough to raise that point, I should have liked to give him a more specific answer, and I shall be glad to do so if he will put down a Question.