HL Deb 23 March 1938 vol 108 cc382-8

Read 3a (according to Order), with the Amendments.

Clause 15:

Power of Board of Trade to alter quotas by order.

(3) This section shall not authorise the making of an order—

  1. (i) altering any of the proportions prescribed by Part I of the First Schedule to this Act to a proportion being, in relation to long films, less than twenty per cent. or more than thirty per cent. or, in relation to short films, less than ten per cent. or more than twenty per cent., or
  2. (ii) altering any of the proportions prescribed by Part II of the said Schedule to a proportion being, in relation to long films, less than fifteen per cent. or more than thirty per cent. or, in relation to short films, less than seven-and-a-half per cent. or more than twenty per cent.

LORD MOYNE had given Notice of Amendments, in subsection (3), to alter the limits in paragraph (i) in relation to short films from "ten per cent." and "twenty per cent." to "fifteen per cent." and "thirty per cent." respectively, and to substitute for the limits in paragraph (ii) in relation to short films "twelve-and-a-half per cent." and "thirty per cent." in place of "seven-and-a-half per cent." and "twenty per cent." The noble Lord said: My Lords, I am afraid the noble Lord in charge of the Bill will think me rather a nuisance for bringing forward Amendments on each stage, but it is not altogether a matter of choice, because the most important part of this Bill is in the tail, and until we knew the final form of the Schedule as applied to the short film quotas it was impossible to lay down an appropriate margin of discretion to the Advisory Committee and the President of the Board of Trade to vary the quotas as laid down in the Schedule. The limit which I propose in these Amendments is that the short film quota could not be put down below the lowest figure in the Schedule, which is 15 per cent. for the renter and 12½ per cent. for the exhibitor, or put higher than 30 per cent. for both. It is the same figure as applies to the renter in the case of long films.

I do not think there ought to be any difficulty about this proposal. It is in no way obligatory on the President of the Board of Trade to vary these quotas. It is merely an option, and I think that it would have been very much better if we had had no Schedules and had left the matter, as the Departmental Committee recommended, to be settled year by year according to the output of the British film industry by the Board of Trade with necessary advice. However, as that solution was not found acceptable, it is clearly advisable that there should be as much elasticity as we can provide, because it is impossible to say what will be the condition of the industry for so long as ten years ahead, and in view of the fact that this is in no way a compulsory clause I hope that the Government will see their way to accept the four Amendments which I have put down. I beg to move the first one standing in my name.

Amendment moved— Page 19, line 8, leave out ("ten") and insert ("fifteen").—(Lord Moyne.)

LORD TEMPLEMORE

My Lords, my noble friend said he hoped I would not think him a nuisance for bringing forward Amendments at every stage. Of course there is no thought of that kind in my mind as regards the Amendments which he has brought forward to-day. They are consequential on the Amendments to the Schedule which were carried on the Report stage. That was, indeed, arranged with my noble friend the Secretary of State the other day. I have, however, to say this, that while the Government accept these Amendments my noble friend must understand that I accept them without prejudice to what may happen to these Amendments and to the Schedules in another place.

On Question, Amendment agreed to.

LORD MOYNE

My Lords, I beg now to move the other Amendments standing in my name on this clause.

Amendments moved—

Page 19, line 8, leave out ("twenty") and insert ("thirty").

Page 19, line 13, leave out ("seven-and-a-half") and insert ("twelve-and-a-half").

Page 19, line 14, leave out ("twenty") and insert ("thirty").—(Lord Moyne.)

On Question, Amendments agreed to.

Clause 16 [Restriction on blind booking]:

LORD TEMPLEMORE

My Lords, the Amendment in the name of my noble friend Viscount Swinton to this clause is drafting. I beg to move.

Amendment moved— Page 19, line 36, leave out ("section") and insert ("subsection").—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 25 [Conditions governing registration of British films as quota films]:

LORD TEMPLEMORE

My Lords, the Amendment to this clause down in the name of my noble friend is also drafting. I beg to move.

Amendment moved— Page 29, line 9, leave out ("section") and insert ("subsection").—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 33:

Wages and conditions of employment of persons employed by makers of cinematograph films.

33.—(1) The wages paid by any person carrying on in Great Britain the business of a maker of cinematograph films to persons employed by him in connection with that business, and the conditions of employment of persons so employed, shall, unless agreed upon by the employer and by organisations representative of the persons employed, be not less favourable to the person employed than the wages which would be payable, and the conditions which would have to be observed, under a contract which complied with the requirements of any Resolution of the House of Commons for the time being in force applicable to contracts of Government departments; and if any dispute arises as to what wages ought to be paid, or what conditions ought to be observed in accordance with this section, it shall, if not otherwise disposed of, be referred by the Board of Trade to the Industrial Court for settlement.

LORD TEMPLEMORE moved, in subsection (1), to leave out "a maker of cinematograph films" and insert "making films to which this Act applies". The noble Lord said: My Lords, with your permission I will explain shortly this Amendment and the Amendment on Clause 43, page 43, line 27, which comes later on. The alteration of the words in this and the other Amendment I have mentioned is designed to give effect to the promise made by my noble friend the Secretary of State on the Report stage to the noble Lord opposite and to my noble friend Viscount Bridgeman. They make clear the position of laboratory workers engaged in processing cinematograph films covered by the Act. The amended definition in Clause 43 will now include in the making of a film not only the processing of the negative but the processing of any positives prepared for the assistance of the producer of the film in deciding upon his final negative. Clause 33 as proposed to be amended covers the wages paid by any person carrying on the business of making films to which the Act applies. As "making" by the Amendments proposed in Clause 43 includes the processing of the negative and the making of the positives used in the preparation of the final negative, the fair-wage clause will apply to persons employed on such work whether in the studio itself or by an outside processing firm. I beg to move.

Amendment moved— Page 32, line 33, leave out from the first ("of") to ("to") in line 34 and insert ("making films to which this Act applies").—(Lord Templemore.)

LORD STRABOLGI

May I thank the noble Lord for this Amendment. I understand from those who speak for the laboratory workers organised in their union that they are satisfied with this. I think this makes the fair-wage clause as watertight as an Act: of Parliament can make it, and it will be of great value to a very skilled body of men working in the laboratories who need something of this sort for their protection.

VISCOUNT BRIDGEMAN

My Lords, I should also like to say that I am much obliged to the noble Lord. As the clause now stands it has drawn the line between the essential processes connected with the production of the film and the processes connected with the duplication of the film in a place where it is very much easier to recognise than it was previously.

On Question, Amendment agreed to.

Clause 40:

The Cinematograph Films Council.

(2) It shall be the duty of the Board of Trade to satisfy themselves, with respect to any person whom they propose to appoint under paragraph (a) of the preceding subsection to be a member of the said Council …. Provided always that no person who has been convicted of an offence under the Act of 1927 or this Act shall be eligible for appointment to the said Council, or may continue to act as a member of the said Council without the written authority of the Board of Trade.

LORD TEMPLEMORE moved, in the proviso in subsection (2), to leave out "Provided always that no" and insert "The Board of Trade shall not appoint to be a member of the said Council any." The noble Viscount said: My Lords, this Amendment and the two Amendments which follow it are consequent on the promise made by my noble friend the Secretary of State to the noble Viscount, Lord Bertie, on the Report stage two days ago. I think this is a more convenient form of the provision, and I hope my noble friend will agree. I beg to move.

Amendment moved— Page 38, line 33, leave out ("Provided always that no") and insert the said new words.—(Lord Templemore.)

VISCOUNT BERTIE OF THAME

My Lords, I entirely agree with what my noble friend has said. It is a more convenient form. Perhaps I may be permitted to take this opportunity of thanking the two noble Lords who have conducted the Bill for the great courtesy they have shown even in circumstances which to them were trying.

On Question, Amendment agreed to.

LORD TEMPLEMORE moved, in the proviso in subsection (2), to leave out all words after "Act." The noble Lord said: My Lords, this is a consequential Amendment. I beg to move.

Amendment moved— Page 38, line 35, leave out from the beginning of line 35 to the end of line 37.—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

My Lords, the next Amendment is also consequential. I beg to move.

Amendment moved— Page 39, line 32, at end insert ("Provided that if any member of the said Council is convicted of an offence under the Act of 1927 or this Act his office as a member of the Council shall forthwith become vacant").—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 41 [Institution of proceedings and service of notices]:

LORD TEMPLEMORE

My Lords, there is a drafting Amendment to this clause. I beg to move.

Amendment moved— Page 39, line 41, leave out ("notice or other document") and insert ("process").—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 43 [Interpretation]:

LORD TEMPLEMORE

My Lords, there is a drafting Amendment to this clause. I beg to move.

Amendment moved— Page 43, line 27, after ("positives") insert ("intended for public exhibition").—(Lord Templemore.)

On Question, Amendment agreed to.

Bill passed, and returned to the Commons.

House adjourned at twenty minutes before seven o'clock.