HC Deb 15 May 1968 vol 764 cc1355-7

Question proposed, That the Clause stand part of the Bill.

10.1 p.m.

Mr. Graham Page (Crosby)

Under the Acts repealed by this Clause, guarantees have been issued in the past similar to those described in this consolidation Measure in Clause 1(2) for the encouragement of trade with other countries. Many of those guarantees are current and continuing, and I hope that the Solicitor-General can give the Committee an assurance that the repeal of the parent Statutes which gave birth to those guarantees does not invalidate the guarantees. There are frequently in consolidation Measures saving Clauses for orders, or directions, or functions of a Minister, and indeed we have one in this Measure in Clause 1(4) in which it is said that the Export Guarantees Advisory Council constituted for the purposes of the Act of 1939 and continued for the purposes of the enactments repealed by this Act shall be further continued by the Board of Trade for the purposes of this Act. It has been necessary to make specific mention of that in the Bill, and it seems a little extraordinary that no mention is made of these continuing obligations of the Board of Trade under guarantees issued under Statutes which are to be repealed. Do the guarantees survive the repeal of their parent Statutes?

The Solicitor-General (Sir Arthur Irvine)

There is, I think, no need for anxiety about this. As I understand it, the position is that although the Board of Trade needs the authority of Parliament to commit public funds by giving the guarantees with which the Bill is concerned, a guarantee itself is in nature of a contract and cannot be affected by the repeal of the Act under the authority of which it is given. I think that that answers the point raised by the hon. Member for Crosby (Mr. Graham Page).

If there could be any possible doubt on the matter, I think that it would be laid to rest by Section 38(2) of the Interpretation Act, 1889, paragraph (c) of which says that the repeal does not affect any right, privilege, obligation or liability acquired, accrued, or incurred under any enactment so repealed. If further reassurance were needed I would ask the hon. Gentleman and the Committee to take note of the point that when the Export Guarantees Act of 1949 replaced the previous enactment Section 8 of that Act, like the Clause with which we are concerned, merely repealed those enactments without any saving.

I trust that those observations will make the hon. Gentleman and the Committee content with the Clause as it stands.

Question put and agreed to.

Clause ordered to stand part of the Bill.

Bill reported, without Amendment.

Motion made, and Question, That the Bill be now read the Third time, put forthwith pursuant to Standing Order No. 55 (Third Reading), and agreed to.

Bill accordingly read the Third time, and passed, without Amendment.