Clause 5 (Hansard, 27 June 1968)

§ Mr. Dell

I beg to move Amendment No. 13, in page 6, line 15, at end insert: (5) The Board of Trade shall, before laying before Parliament the draft of an order for applying Part I of the Act of 1956 in relation to information agreements of any class, publish in such manner as they think appropriate a notice—

(a) describing the classes of agreements to which the proposed order would apply; and
(b) specifying a period (not being less than twenty-eight days) within which representations with respect to the proposed order may be made to the Board,

and in settling the draft to be laid before Parliament shall take into consideration any such representations received by them within that period. In Standing Committee, I indicated that the Government accepted the principle at two Opposition Amendments designed to ensure that the Board of Trade should give statutory notice of its intention to call up classes of information agreement. This Amendment is intended to give effect to the undertaking I gave to consider an appropriate Amendment at Report stage.

In the debate in Committee, it was suggested that any Government Amendment should cover the following points. First, there should be specific disclosure of the intentions of the Order in the statutory notice. Paragraph (a) of the Amendment provides for this.

Secondly, the period of notice of 14 days in the Opposition Amendment No. 58 was too short. Paragraph (b) of our Amendment provides for a minimum period of 28 days. We think this period is adequate to enable interested persons to make their views known to the Board.

Thirdly, it was suggested that the Amendment should impose upon the 933 Board of Trade the obligation in general terms to listen to representations. The last three lines of the amendment embodies such a requirement. I hope, therefore, the House will accept this Amendment. I beg to move.

§ Mr. Hall-Davis

Clause 5 broke new ground—not in itself a cause of disagreement between the parties. It was a step which all found necessary and the intention to move in the general direction of Clause 5, which will be taken by the making of an order to which the Amendment refers, was not a subject of controversy. But there was considerable doubt about the terms in which the Clause was expressed and about the way in which it might be implemented. This Amendment will enable the Government to pick their way with care.

I think that the Minister of State would not dissent from the fact that, in view of the very wide nature of the agreements which the Government will have power to call up for registration under Clause 5, it is a good thing that they should initially pick their way with care, that they should test the reactions of those affected before they commit themselves to making a Statutory Instrument, and that they should have the benefit of representations from those interested or likely to be affected and also, we hope, from any other expert bodies or individuals who may have comments to make upon the intention of the Government to make orders in the form indicated or which will be indicated as the result of the Amendment.

As the Minister of State has said, in Committee we put forward an Amendment on very similar lines. There are still considerable doubts about the Clause itself, but I have no hesitation in saying that in the operation of the Clause the Amendment will prove a useful instrument. It will serve to protect the Government from striking unexpected snags or complications and it will enable a fuller discussion to take place than might be possible in the House in the consideration of a Statutory Instrument and, what is much more important, it will enable discussion to take place before the Government finalise the exact terms of the Order.

I am glad that the Minister has felt able to move the Amendment. I am certain that he will receive many repre- 934 sentations as a result of it when the draft indications are given of the terms of an Order to be made, and I am glad that the Board of Trade has felt able to lay upon itself a statutory obligation to take into account those representations before finally laying the Order.