HC Deb 20 June 1951 vol 489 cc595-7

Lords Amendment: In page 13, line 38, at the end, to insert: except with the leave of the court.

The Attorney-General

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is a consequential Amendment.

Mr. Manningham-Buller

A previous Amendment with which we dealt was consequential upon this Amendment. This is an Amendment to insert except with the leave of the court. and that is hardly consequential, except that it is consequential upon the debate we had in Committee, which went on for a long time. The debate terminated with the Patronage Secretary taking a little walk and then another little walk back, after which, in response to a statement made by the right hon. and learned Gentleman, we withdrew our Amendment so that the matter could be re-considered.

The Parliamentary Secretary to the Treasury (Mr. William Whiteley) indicated assent.

Mr. Manningham-Buller

The Patronage Secretary nods, so he realises that my recollection of his exercise on that evening is entirely accurate. Naturally, in view of the Government's rather belated acceptance of our suggestion we shall not oppose this Amendment. If only the right hon. and learned Gentleman had listened to us more speedily, and had not put the Patronage Secretary to that considerable inconvenience, a great deal of time might have been saved, and this Bill might have reached the Statute Book much sooner. This is a third instance of where a little more attention to our proposals would save time.

The Attorney-General

With the leave of the House, perhaps I could add that when I said this was consequential, I should perhaps have said it was consequential in perhaps a rather over-technical sense. I think I explained it when dealing with the previous Amendment relating to appeals. Of course, we always pay the greatest attention to anything said by hon. Members in all parts of the House, but looking at this fairly and squarely, I think that this is a sensible compromise between the view we held and the view urged by hon. Members opposite.

Lords Amendment: In page 13, line 38, at the end to insert: (2) Notwithstanding anything in subsection (3) of section eleven of this Act, the court granting leave to appeal may direct that during the period beginning with the granting of leave to appeal and ending with the date to which a tenancy is continued by the said subsection (3) the tenancy shall have effect subject to such modifications, terms or conditions as that court may specify.

7.15 p.m.

The Attorney-General

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is consequential. [Laughter.] Indeed it is. I am not sure whether I would describe it as technically consequential, but I should add a word about its object. Its object is to deal with the situation which arises when the county court judge has given leave to appeal. If he has given leave to appeal, the effect of the Amendment is that the old tenancy continues on the pre-existing terms unless the county court judge thinks that it is proper for a change to be made in the pre-existing terms until the appeal comes up.