HC Deb 05 March 1951 vol 485 cc5-6
7. Mr. Peter Thorneycroft

asked the Minister of Transport why, after an appeal by Messrs. G. W. Castle, Limited, to be granted an additional picking up point in Holmfirth had been allowed by his inspector on 16th September, 1949, and after his inspector had decided that the appellants be not required to pay the Minister's costs, he turned down the appeal in full and made an order for the payment of costs amounting to £31 17s.

Mr. Barnes

The decision in appeals of this kind rests with me. In this case, as I explained at the time to my right hon. Friend the Member for Colne Valley (Mr. Glenvil Hall), who wrote to me on behalf of his constituent, I did not accept the inspector's recommendation because, as stated in the letter of 19th November, 1949, conveying my decision, there were not, in my opinion, sufficient grounds to justify my reversing the decision reached by the licensing authority after a public hearing. Costs were recovered from Messrs. Castle, as unsuccessful appellants, in accordance with the usual practice.

Mr. Thorneycroft

Would the right hon. Gentleman agree that to act as his own court of appeal, to reverse the decision of his own inspector, and, contrary to the inspector's advice, make an order for costs in his own favour, is a palpable and rather contemptible form of injustice?

Mr. Barnes

I entirely disagree with that. Hon. Members should not jump to conclusions. This represented a difference between the inspector and the licensing authority, and the licensing authority is one to whose views I should give very serious consideration in matters of this kind.

Mr. Glenvil Hall rose


Mr. Thorneycroft

I beg to give notice that, owing to the unsatisfactory nature of the reply, I shall raise the matter on the Motion for the Adjournment.

Mr. Glenvil Hall

May I ask my right hon. Friend——

Hon. Members


Mr. Speaker

One ruling that I gave recently was that, when the hon. Member who asked the Question rose and said that he would raise the matter on the Motion for the Adjournment, that closed the matter. I gave no ruling so far as other Adjournments are concerned.

Mr. Mellish

In this particular case, and with very great respect, Mr. Speaker, had you not already called my right hon. Friend the Member for Colne Valley (Mr. Glenvil Hall)?

Mr. Speaker

Actually, I had called the next questioner, and then, as I thought that the matter affected the constituency of the right hon. Gentleman, and seeing that he rose, I called him; but, of course, the discussion was stopped quite definitely by the hon. Member for Monmouth (Mr. P. Thorneycroft) giving notice to raise the matter again on the Adjournment.