HC Deb 14 July 1954 vol 530 cc595-6
Mr. Molson

I beg to move, in page 1, line 9, to leave out "determined," and to insert "fixed."

In Committee my hon. and learned Friend the Member for Huntingdon (Mr. Renton) moved an Amendment to leave out "determine," and to insert "approved." I gave an undertaking then that, in view of what my hon. and learned Friend said about the advantage of using the word "fixed," which appears in Section 72 of the Road Traffic Act, 1930, we would consider the matter between then and the Report stage. We believe that the Amendment would be an improvement in the drafting of the Bill.

Mr. Bing

I wish to be the first to congratulate the Joint Parliamentary Secretary on the exquisite good taste of this change and I am very glad that the Leader of the House is here to note it. It will be recalled that the legal case which raised the question of the meaning of "determined" involved an unfortunate dispute with the Junior Carlton Club. Nothing could be more appropriate than that this word of unhappy memory should be removed from the Measure and a word of exactly the same meaning, but not associated with that august body, should be substituted.

Hon. Members acquainted with the law will know that in the case of Wylie v. Carlyon, in the 1922 Chancery Reports, the executors of one of the original members of the Junior Carlton Club had the audacity to sue on the meaning of this particular word the then trustees of the club and to attack the original trustee deed to which the original trustees were none other than the great Lord Beaconsfield and the great Lord Salisbury—it was not the present Lord Salisbury or it might have been understandable.

In these circumstances, I think it very appropriate that the hon. Gentleman should have chosen another word and should not have given his reason for it. On both these things, his good taste in choosing the other word and avoiding mentioning what was obviously the reason for so doing, the hon. Gentleman deserves the commendation of the House.

Amendment agreed to.

Further Amendment made: In page 1, line 13, leave out "determined," and insert "fixed."—[Mr. Molson.]