HL Deb 15 December 1926 vol 65 cc1689-91

Order of the Day read for the consideration of Commons Amendments.

VISCOUNT PEEL

My Lords, rather numerous Amendments have been made by the other House to the Sale of Food (Weights and Measures) Bill, but I think none of them is in any opposition to the general principle of the rill as it passed through your Lordships' House. What I understand is that until it had passed through your Lordships' House and the different interests and so on knew that you meant business they do not seem to have awakened: but they made a number of representations as the Bill was going through another place to which attention has been paid, and Amendments have been moved and inserted in the Bill to meet the difficulties of these different interests. So now it comes before your Lordships again almost in the nature of an agreed Bill.

I think the simplest course would be if, instead of going through these rather tedious Amendments, I summarised quickly what the different Amendments dealt with. There are, for instance, Amendments dealing with the scope of the Bill; that is to say restricting the Bill to retail dealings except as regards pre-packed goods. Obviously, retail dealers cannot be held responsible for pre-packed goods which come from the wholesaler. Then there are different Amendments dealing with allowances for weighing. There are many difficulties, I understand, when no allowance is made; for instance, when people have in their shops just one set of scales they cannot first weigh butter in it and then cheese without deplorable results both for the cheese and the butter. A great many difficulties of that kind have been met owing to representations from different, traders. Then as regards the scale of fixed quantities, That scale, as your Lordships will observe in reading The Amendments, has been considerably extended because certain objects of importance such as self-raising flour and, more important still, oatmeal were sold in quantities that were not included in the Bill and unnecessary complications would have resulted if traders had to change their practice.

Then there is one Amendment of which I think the House will entirely approve; that is, that in cases where Regulations have to be made the Order shall lie upon the Table of both Houses and shall only become valid if it is confirmed by affirmative Resolutions; so that all your Lordships will have an opportunity of speaking on these cases whether they refer to oatmeal, butter or any other substantial commodity of that kind. There is also a certain limitation on the power to prosecute. A great many retail dealers have represented that it is very hard if somebody who is annoyed with them for having done this, that or the other drags them into court on some comparatively frivolous pretext. Therefore, the right of prosecution is confined to the proper authorities. Subject to these Amendments, I really think that almost everybody is pleased with this measure, which as your Lordships will agree, is a most extraordinary state of things. I beg to move that the Commons Amendments be now considered.

Moved, That the Commons Amendments be now considered.—(Viscount Peel.)

EARL RUSSELL

My Lords, perhaps the noble Viscount will tell us what these proper authorities are to whom the right of prosecution is to be confined. It sometimes happens, as I dare say the noble Viscount is aware, that in small boroughs in the country there are a good many local forces at work which do not always make such a person as the local inspector quite free from bias in prosecutions, and I think it might load to unfortunate results if a member of the public were unable to prosecute. Incidentally, the noble Viscount said that the Bill was now a very good Bill. I think it would have been a still better one had he accepted the Amendment I proposed in regard to putting a notice in shopkeepers' windows when they had been fraudulent.

VISCOUNT PEEL

I dare say it would have been a better Bill but it would have been, of course, a much severer one. The local authorities who have some part in the administration of the Bill and have the power of prosecution are such local authorities as borough councils and all those who have the administration of the Weights and Measures Acts. As regards the right of some member of the public to prosecute, no doubt that is taken away under the Bill; on the other hand, if you gave everybody the right to prosecute there would, I suppose, be the difficulties which I have noted. The Bill includes the police authorities as well.

EARL RUSSELL

The police can also prosecute?

VISCOUNT PEEL

Yes.

On Question, Motion agreed to.