HC Deb 10 April 1952 vol 498 cc2968-70
33. Mr. Woodrow Wyatt

asked the President of the Board of Trade what is the number of members of the Quota Defaults Sub-Committee of the Films Council which advises the Films Council on the institution of prosecutions against defaulters under the Cinematograph Act, 1948; and how many of them are exhibitors who themselves defaulted in the year ending September, 1951.

Mr. P. Thorneycroft

Twelve of the Council's 22 members are regular members of the Defaults Committee, but any member of the Council may attend the committee's meetings. There is also a technical sub-committee of four members, including one producer, one distributor and two exhibitors of whom one is a director of an exhibiting company which at certain of its theatres did not, in the year ended 30th September, 1951, show the prescribed number of British films. On this point, I would refer the hon. Member to my reply to his Question on 20th March. I may add that in the matter of these prosecutions, the Film Council's functions are advisory and it is a matter for the Board of Trade to decide whether a prosecution should be instituted.

Mr. Wyatt

As the right hon. Gentleman told me previously that four of these people were themselves representing exhibitors who had defaulted under the Quota Act, will he in future take great care to disregard their advice, because the advice of people not to prosecute themselves cannot be very reliable?

Mr. Thorneycroft

The former answer referred to the Films Council generally; this refers to the technical sub-committee. However, I can assure the hon. Gentleman that in the question of these prosecutions the final decision is with me, and I will certainly bear in mind the point he has raised.

34. Mr. Wyatt

asked the President of the Board of Trade in what places 23 cinemas belonging to the Associated British Cinema circuit failed to fulfil their quota obligations during the quota year ended September, 1951; and in which cases he proposes to institute proceedings against them.

Mr. P. Thorneycroft

With the hon. Member's permission, I will circulate in the OFFICIAL REPORT a list of the theatres owned or managed by Associated British Cinemas Limited at which less than the prescribed quota of British films was shown.

The company has applied in all these cases for a certificate under Section 13 of the Cinematograph Films Act, 1938, that failure to achieve the quota was due to circumstances beyond the company's control. Before determining these applications, I have a statutory obligation to consult the Cinematograph Films Council and consider their advice; this I am at present doing. Until the applications have been determined, no one can say whether or not prosecution will be appropriate in all or any of the cases. But I should in any event regard it as improper to give advance notice about whether I was proposing to prosecute in any particular case.

Mr. Wyatt

Can the right hon. Gentleman say whether there was any peculiar difficulty about the places in which these cinemas were situated? Does he realise that this company regularly defaults year after year and is never prosecuted, that in the year before it defaulted in 305 cinemas, and that there was not a single prosecution brought against it?

Mr. Thorneycroft

As to the question of whether there was particular difficulty in the location of the cinemas, that would be a matter for the court if and when a prosecution was instituted. As to the machinery laid down for investigating these cases, it was approved in the Act of 1948 passed by the hon. Gentleman's own Government.

Following is the list:

Theatres controlled by the A.B.C. circuit which did not show the prescribed quota (30 per cent.) of British first feature films in the exhibitors' quota year ended 30th September, 1951

35. Mr. Wyatt

asked the President of the Board of Trade whether he will now make a statement as to the number of prosecutions it is proposed to institute in respect of quota defaults for the year ended, September, 1951.

Mr. P. Thorneycroft

A number of individual cases are now being examined, in consultation with the Cinematograph Films Council. I propose to prosecute in appropriate cases but obviously cannot say in advance how many there may be.

Mr. Wyatt

This is very encouraging news, but as there were 771 defaulters on first-feature films last year, can the right hon. Gentleman give an assurance that there will be at least 100 prosecutions in respect of these defaults?

Mr. Thorneycroft

I think it would not be judicial of me to start prosecuting on a percentage basis.