HL Deb 29 June 1939 vol 113 c845
LORD TEMPLEMORE

My Lords, I beg to move that this Special Order be agreed to, with modifications.

Moved, That the Special Order, as reported from the Special Orders Committee on Thursday last, be approved with modifications.—(Lord Templemore.)

THE CHAIRMAN OF COMMITTEES (THE EARL OF ONSLOW)

My Lords, I should like to say a word on a point which came before the Committee in reference to this Special Order. As your Lordships are aware, one of the duties of the Committee is to report to your Lordships' House if they have any doubt about the vires. I need not tell the whole story, which is rather lengthy and complicated, but it is quite clear there was a doubt about the vires. I understand that the decision of the Special Orders Committee to make a report to your Lordships on the matter was concurred in by the learned Attorney-General. It is hardly necessary for me to say how important it is that the Special Orders Committee should go very carefully into the question of vires. This, I think, is the first time a recommendation of the sort has been made to your Lordships by the Committee. I should like to emphasize that this really is one of the most important duties of the Committee. Obviously, if that examination were not strictly undertaken many matters might go forward in a Special Order which were really not justified under the Act on which the Special Order was based. Appeal to the Courts would be possible, but it would be very undesirable that your Lordships should concur with an Order which was ultra vires.

On Question, Motion agreed to.