§ Lords Amendment: In page 1, line 5, after "in" insert "section three of."
§ 9.30 p.m.
§ The Financial Secretary to the Treasury (Mr. Henry Brooke)I beg to move, That this House doth agree with the Lords in the said Amendment.
This and the next two Amendments and the consequential Amendment to the Title, which has been postponed, are all linked together, and it might suit the convenience of the House if I give a general explanation. All these Amendments concern the position of those who are technically described as British protected persons. British protected persons have been appointed to civil employment under the Crown, particularly overseas, for many years on just the same terms as British subjects and, in fact, no one has ever questioned the legality of the practice.
However, it is true that if one examines the terms of Section 3 of the Act of Settlement which, as the House knows, was passed as long ago as 1701, it will be 1764 seen that those terms might be held to preclude the appointment of British protected persons to civil employment under the Crown. Needless to say, in 1701 there were no people known as British protected persons, so in those days the question did not arise. Mention was made of this uncertainty when the Bill was before this House, and the question has been further pursued in another place. It was there decided to make these Amendments in the Bill in order to remove all doubts.
If the Amendments are incorporated in the Bill they will, beyond all shadow of doubt, put British protected persons in exactly the same position as British subjects for civil employment under the Crown. The Amendments amount to no less and no more than that. In another place they received a general welcome, and I hope that they may be equally acceptable to the House.
§ Mr. Glenvil Hall (Colne Valley)I do not think that the House need waste very much time on this Amendment. Hon. Members will recall that, when the Bill was before the House before it went to another place, this point was raised in our discussions and doubts were expressed as to whether or not words such as this should be included. I am delighted to think that, for once in a way, another place has done the right thing and put the words in. I hope that the House will accept the Amendment.
Question put and agreed to.
Further Lords Amendment agreed to: In line 16, at end insert:
and so much of the said section three as imposes disability for employment in any such capacity shall cease to have effect in relation to British protected persons.