§ Read 3a, with the Amendments (according to Order).
1360§ First Schedule [Constitution of the Council]:
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VISCOUNT BERTIE OF THAME moved, after paragraph (3), to insert the following new paragraph:—
( ) The Chairman of the Committee shall he such person as the Committee may from time to time appoint.
The noble Viscount said: My Lords, I think it is better that I should move each of these proposed new paragraphs separately. Under the Pharmacy and Poisons Bill the Chairman is chosen by the Privy Council. Under the Port of London Act the Chairman is appointed by the Port Authority. Under this Bill there is not machinery for the appointment of a Chairman, and I think it is safer to have a provision in the Bill for that purpose. I beg to move.
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Amendment moved—
Page 13, after line 19, insert the said new paragraph.—(Viscount Bertie of Thame.)
§ THE CHANCELLOR OF THE DUCHY OF LANCASTER (LORD PONSONBY OF SHULBREDE)My Lords, I do not know whether the noble Earl in charge of the Bill is prepared to accept this Amendment, but I should advise that it be not accepted. What the noble Viscount has said is quite true that, in certain instances, a Chairman is designated by the Act itself; but that is only when a particular member is to have special quali- 1361 fications which should obviously snake him specially suitable to preside. That is not the case here. I have been advised that, in the absence of any provision about a Chairman, such a committee as this has inherent power under the Common Law to regulate its own procedure and, therefore, to elect a Chairman.
§ VISCOUNT BERTIE OF THAMEIs that the case in the Port of London Act?
§ LORD PONSONBY OF SHULBREDEI think so, yes.
§ VISCOUNT BERTIE OF THAMEWith special knowledge?
§ VISCOUNT BERTIE OF THAMEAs that is so I will not press the Amendment.
§ Amendment, by leave, withdrawn.
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VISCOUNT BERTIE OF THAME moved, after paragraph (3), to insert the following new paragraph:
( ) The Committee shall have power to act by a majority of the members present and in the case of an equality of votes the Chairman of the Committee shall have a casting vote.
The noble Viscount said: My Lords, in support of the second proposed new paragraph, which provides that the Committee shall have power to act by a majority and that in the case of equality of votes the Chairman shall have a casting vote, I would refer the noble Earl in charge of the Bill and the noble Lord opposite to the Second Schedule of the Pharmacy arid Poisons Bill and to the First Schedule of the Port of London Act, 1908. I beg to move.
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Amendment moved—
Page 13, after line 19, insert the said new paragraph.—(Viscount Bertie of Thame.)
THE EARL OF CRAWFORDMy Lords, on that point, in addition to what has just fallen from the noble Lord opposite,:f would observe to my noble friend beside me that general powers are conferred in Clause 13 of the Bill allowing everything necessary for the proper procedure of the Act to be carried out. The meetings and procedure of the Council, the Board and any Committee appointed under the Act can be regulated under the general powers there conferred. If that were not enough, 1362 the further paragraph (f) empowering the Council generally to carry out and facilitate the purposes of the Act would appear to me to cover the question raised by my noble friend. The paragraph, therefore, that he has moved appears to me to be superfluous, and I would prefer that it be not inserted in the Bill.
§ LORD PONSONBY OF SHULBREDEMy Lords, I should like to support the noble Earl in urging the noble Viscount not to insert these words. I really do not think they are necessary. The full Committee is nine and, therefore, no casting vote is necessary. If they were sitting in reduced numbers, say that there were four, and there was a strong division of opinion on a certain point, I doubt if they would even be able to elect a Chairman then, because that would mean giving one of the four a second vote. I think on the whole that to place a casting vote in the hands of the Chairman is really unnecessary in this respect.
§ VISCOUNT BERTIE OF THAMEMy Lords, perhaps it is unnecessary for the Chairman to have a casting vote; but are the. Committee to act by a majority or are they to be unanimous? There are no words in the Bill which make it clear that they can act by a majority.
§ LORD PONSONBY OF SHULBREDEMy Lords, I think the Committee are enabled under the Bill to settle their own procedure and to elect their Chairman, and they would naturally decide whether in certain conditions they would vote by a majority or be unanimous.
§ VISCOUNT BERTIE OF THAMEI am quite satisfied with the reply of the noble Lord, and I beg leave to withdraw my Amendment.
§ Amendment, by leave, withdrawn.
§ Bill passed, and returned to the Commons.