HL Deb 14 May 1936 vol 100 cc1058-61

Amendments reported (according to Order).

Clause 2:

Staff, expenses, and procedure, of Commission.

(6) The Commission may hold such inquiries as they consider necessary or desirable for the discharge of their functions under this Act; and if the Minister is satisfied that for the purposes of an inquiry into any definite matter it is necessary so to do, he may by order, specifying the matter to be inquired into, direct that in respect of any meeting of the Commission at which not less than three of the commissioners are present for the purpose of inquiring into that matter, the Tribunals of Inquiry (Evidence) Act, 3921 (other than paragraph (a) of Section two thereof), shall apply to the Commission as if they were a tribunal established in manner provided by that Act and as if that Act had been applied to them in the manner thereby provided.

THE LORD PRIVY, SEAL (VISCOUNT HALIFAX) moved, in subsection (6), to leave out "other than paragraph (a) of Section two thereof." The noble Viscount said: My Lords, you will see that there are two Amendments, but they are both one and are in fact the same Amendment. The history that makes this Amendment necessary will be fresh in the minds of your Lordships who were in the House on the occasion of this Bill being considered in Committee. An Amendment was moved on this subject by the noble and learned Lord, Lord Roche, and in consequence of that discussion my noble friend Earl De La Warr undertook to place himself in communication with him and see whether by this stage it was possible to introduce an Amendment that would meet the noble and learned Lord's wishes. The noble and learned Lord is, I see, in his place, and he will be able to speak for himself. But I understand that this Amendment has his assent. It represents an agreed Amendment and I think meets the case that he and those who supported him thought ought to be met.

Amendment moved— Page 4, line 4, leave out (" other than pararaph (a) of Section two thereof ").—(Viscount Halifax.)

LORD ROCHE

My Lords, that is the printed Amendment. There is also a typewritten Amendment. I do not think that is quite in order. The position is this. The Amendment as it stood in print was not quite to the mind of the noble Lords who acted with myself in this matter, and very courteously the representative of the noble Earl, who is unfortunately not here to-day, came to see me in the course of the day, and I made certain suggestions to him which have been embodied in a typewritten Amendment. That is the Amendment which I think would meet the case. As regards paragraph (b) it is to stand as printed. I think that correctly represents what has been agreed to.

THE LORD SPEAKER (VISCOUNT MERSEY)

My Lords, the first Amendment is the Amendment to page 4, line 4. The Amendment to which the noble and learned Lord alludes is after line 8. That is the amended Amendment.

VISCOUNT HALIFAX

The Amendment at line 4 is as printed on the Paper.

On Question, Amendment agreed to.

EARL DE LA WARR had given Notice of an Amendment to add to subsection (6): Provided that—

  1. (a) paragraph (a) of Section two of that Act shall, in its application to the Commission, have effect as if the words ' in the public interest ' were omitted therefrom; and
  2. (b) any order made under this section shall be laid before Parliament as soon as may be after it is made and if either House within the next subsequent twenty-eight days on which that House has sat after any such order is laid before it resolves that the order be annulled it shall forthwith be void, but without prejudice to anything previously done thereunder or to the making of a new order."

VISCOUNT HALIFAX

My Lords, it is quite correct, as the noble and learned Lord has said, that in the proposed proviso paragraph (a) as printed on the Paper has subsequently been modified by agreement between my noble friend Earl De La Warr and the noble and learned Lord, and with your Lordships' permission I would read the retype of paragraph (a) in the form I would ask your Lordships' permission to modify it. In the revised form on which agreement has been reached, the words "Provided that" stand, and then the paragraph reads: (a) that Act in its application to the Commission shall have effect as if for paragraph (a) of Section two thereof there were substituted the following paragraph: 'may refuse to allow the public or any portion of the public to be present at any of the proceedings of the Commission only if in the opinion of the Commission it is necessary so to do for reasons connected with the subject matter of the inquiry or the nature of the evidence to be given.' I beg to move.

Amendment moved—

Page 4, line 8, at end insert: ("Provided that—

  1. (a) that Act in its application to the Commission shall have effect as if for paragraph (a) of Section two thereof there were substituted the following paragraph: ' may refuse to allow the public or any portion of the public to be present at any of the proceedings of the Commission 1061 only if in the opinion of the Commission it is necessary so to do for reasons connected with the subject matter of the inquiry or the nature of the evidence to be given.'
  2. (b) any order made under this section shall be laid before Parliament as soon as may be after it is made and if either House within the next subsequent twenty-eight days on which that House has sat after any such order is laid before it resolves that the order be annulled it shall forthwith be void, but without prejudice to anything previously done thereunder or to the making of a new order.")—(Viscount Halifax.)

On Question, Amendment agreed to.