§ 11. Miss Burtonasked the President of the Board of Trade if he has now completed his investigation into the case of the Downland Bedding Company Limited of Liverpool, London and Glasgow, following receipt of a pillow and descriptive leaflet sent to him by the hon. Member for Coventry, South; and if he will initiate a prosecution for misleading description under the Merchandise Marks Acts.
§ The Parliamentary Secretary to the Board of Trade (Mr. Henry Strauss)My right hon. Friend is advised that on the evidence he would not be justified in instituting proceedings against the company in this case.
§ Miss BurtonCan the Parliamentary Secretary say why his Department is persistently protecting people who manufacture shoddy goods? Is he aware that I have here a letter from the manufacturer admitting an infringement of the Act in this case? Is his Department investigating the pillow bought by the lady in Cheshire, of which I have given him details?
§ Mr. StraussThe allegations against my Department are unfounded. I believe that the hon. Lady is relying on what she thinks is a trade description; it is more in the nature of an advertising puff. I do not think that there was any reasonable prospect of a prosecution succeeding in the case which was the subject of the Question.
§ Miss BurtonIs the hon. and learned Gentleman aware that the same company has a pillow which it calls the "Curlew" down pillow, and that experts in the trade say that this is an infringement of the Act as the pillow is not filled with that down? When will his Department take some action on these matters?
§ Mr. StraussIf the hon. Lady had listened to my original answer she would have observed that I said that we should not be justified in instituting proceedings against the company in this case. I am making no statement about any other case.
§ 12. Miss Burtonasked the President of the Board of Trade whether he is now in a position to make a statement on the decision reached by the British Standards Institution on the labelling of all textiles according to fibre content.
§ Mr. H. StraussI am informed that the British Standards Institution is continuing its review of descriptive standards for textiles with the object of evolving for different classes of textiles such appropriate standards as will be most useful to the consumer. These may or may not include fibre content.
§ Miss BurtonIs the Parliamentary Secretary aware that if the deliberations of the Institution go on much longer we shall never get any results at all? Is he aware that as long ago as 4th February he told me this was being done? Does he know that four of the Australian State Parliaments have now passed legislation 1445 for the compulsory labelling of the fibre content of all textiles? Why are the Government so much against this?
§ Mr. StraussThe Question refers to the British Standards Institution. I think that the hon. Lady is under a misapprehension. The British Standards Institution does not make general declarations such as those to which she has referred but prepares and issues particular standards for particular purposes for voluntary adoption by those concerned.
§ Mr. Anthony GreenwoodWould the Minister not agree that it is now over two years since this matter was referred to the British Standards Institution by the President of the Board of Trade?
§ Mr. StraussThere has been no delay whatsoever on the part of the British Standards Institution in this matter. The hon. Member may be aware of the glossary published several months ago and of other standards which the Institution has published and is publishing from time to time. Any charge against the British Standards Institution in this matter is undeserved.
§ Mr. GreenwoodBut this was two years ago.
§ 13. Miss Burtonasked the President of the Board of Trade whether he will give an undertaking that, when his Department brings to the attention of any trade association an infringement of the Merchandise Marks Acts and requests the association concerned to take up the matter, he will meet the necessary costs of prosecution.
§ Mr. H. StraussIt is not the practice of the Board of Trade to make such a request.
§ Miss BurtonIf it is not the practice of the Board of Trade to ask trade associations to undertake prosecutions, can we take it that the Board of Trade itself is prepared to initiate them, or should dissatisfied customers still go to their solicitors?
§ Mr. StraussThe duty of the Board of Trade to prosecute has been described in answers to previous Parliamentary Questions. There is a statute on that subject and in appropriate cases under that statute the Board prosecutes, but normally the Board is not the prosecuting authority.
§ Miss BurtonWhy is it that when the Minister has had such things as blankets, gloves, pillows and materials sent to him the Board of Trade has not felt able to take action in any of those cases? Is the Minister aware that the trade associations have declared each to have been an infringement of the Merchandise Marks Acts?
§ Mr. StraussThe hon. Lady cannot expect me in answering supplementary questions on this Question to answer supplementary questions relating to quite different subjects. In answer to the Question on the Order Paper I have told her that my Department does not make any such request and that therefore the question of costs does not arise.