HC Deb 18 November 1948 vol 458 cc705-6

10.29 p.m.

Mr. Turton

I beg to move, in page 12, line 21, to leave out from the beginning, to the end of line 23.

This Clause deals with deliberate interference, and Subsection (2) says: This Section shall apply whether or not the apparatus in question is wireless telegraphy apparatus… and it goes on in these odd words: …whether or not any notice under the last preceding section has been given with respect to the apparatus, or, if given, has been varied or revoked. I would suggest to the Attorney-General that those words are both unnecessary and undesirable. There might yet be a case where an iron that had been "acquitted" of undue interference under Clause 10 could yet be "charged" with "deliberate interference" under Clause 12. The words are undesirable, because they give a hint that the Postmaster-General, having had a rather unsuccessful bout with the tribunal in the preceding Clause, is invited to go under the Clause. For all these reasons, and to tidy up the Measure, I hope he will cut out these words.

10.30 p.m.

Mr. Hobson

I think that in a case of deliberate interference—and that is what this Clause specially deals with—we should not be prepared to tolerate people not only causing a nuisance, but in many cases also endangering lives. The only reason these words are put in is to make it abundantly clear that ordinary enforcement procedure shall not be enforced in these circumstances. It is put in for that reason and for that reason only.

Mr. Turton

I appeal from the Postmaster-General, whose great knowledge of the Post Office has always impressed me, to the right hon. and learned Gentleman the Attorney-General, who has a much greater knowledge of the law. Surely when we use words to make something "abundantly clear," it usually has the reverse effect. Although the cutting out of these words makes it "abunddantly clear" to the Assistant Postmaster-General, I believe the Amendment should also have a sufficient abundance of clarity for the right hon. and learned Gentleman the Attorney-General, who sits next to him, I hope he will look at it.

Amendment negatived.