Lords Sitting of 19 October 1943

Preamble
The House met, The LORD CHANCELLOR on the Woolsack.
SUNDAY ENTERTAINMENTS ACT, 1932:
  RURAL DISTRICT OF HATFIELD ORDER.

    RURAL DISTRICT OF MIDHURST ORDER.
    THE PARLIAMENTARY UNDERSECRETARY OF STATE FOR INDIA AND BURMA (THE EARL OF MUNSTER): My Lords, I beg to move that the Orders laid before the House on Tuesday last be approved.
    Moved, That the Orders; made by the Secretary of State for the Home Department under the Sunday Entertainments Act, 1932, and laid before the House on Tuesday last, be approved.—(The Earl of Munster.)
    On Question, Motion agreed to.

PRICE CONTROL (REGULATION OF DISPOSAL OF STOCKS) BILL. [H.L.]
Order of the Day for the Second Reading read.
LORD TEMPLEMORE: My Lords, this is what I might describe as a machinery Bill intended to modify certain parts of the Goods and Services (Price Control) Act, 1941. Section 9 of that Act was designed to prevent conditional sales and unwarrantable discrimination between customers. There are, however, cases where it is an the national interest that retailers should give priority to customers with special needs for certain price-controlled goods. These goods are either price-regulated goods, that is to say those defined in a Board of Trade Order under the Prices of Goods Act, 1939, or goods for which a maximum price has been fixed by a Board of Trade Order under the Goods and Services (Price Control) Act, 1941. As the law stands, a trader may only refuse to sell or attach any condition to a sale of any price-controlled
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goods which he has in stock if he can show that the sale of the goods or the sale without condition would be contrary to the normal practice of his business; or that it would involve a breach of an obligation lawfully binding him; or that it would interfere with arrangements made by him for the orderly disposal of his stocks amongst his regular customers. These provisions are important for the protection of the public, but as supplies become shorter there are occasions when it is desirable that traders should reserve certain goods for particular classes of customers in circumstances which would not come within these defences.
In some cases it is appropriate to make an Order under the Defence (General) Regulations, 1939, prohibiting altogether the sale of goods except to specified persons. This has, in fact, been done, for example, in the case of rubber boots, industrial safety boots, rubber gloves, and a number of other articles which can now only be sold to holders of a buying permit. In those cases the trader is already protected under Section 9 of the Act of 1941, as such an Order creates an obligation which is lawfully binding upon him. This Bill is designed to meet another class of case. It not infrequently happens that while it is undesirable to impose such rigid restrictions as those I have already mentioned, it is desirable that certain classes of persons should be given a priority in the purchase of the dwindling supplies available, while the public should not be entirely precluded from the market either generally or in particular localities. The following are examples of non-statutory distribution schemes which fall into the last category: An arrangement by the Ministry of Fuel and Power for the differential distribution of paraffin giving preference to those in agricultural districts most in need of it; by the Ministry of Works for the supply of paint; by the Ministry of Health for the release of rubber hot-water bottles for urgent medical needs; and by the Board of Trade for the distribution of reconditioned battledress for agricultural workers and chemical workers and for emergency supplies to bombed out persons.
Such schemes, though obviously of great advantage to the national effort— and their number may well be increased as the supply position becomes more difficult in certain directions—might lead to an

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infringement of the law as it at present stands. The present Bill, therefore, makes provision for these flexible arrangements, and Clause 1, which is the only operative clause, empowers the Board of Trade, when they consider it expedient for the efficient prosecution of the war, to authorize by licence the disposal of price-controlled goods under special distribution arrangements, notwithstanding Section 9 of the Act of 1941. I should like to add that these proposals have been discussed with, and have the full support of, those sections of the retail trade with which they are primarily concerned. I need not say any more about the Bill, but beg to move that it be read a second time.
Moved, That the Bill be now read 2a,. —(Lord Templemore.)
LORD STRABOLGI: My Lords, before we pass from this Bill, as it has been initiated in your Lordships' House—and I congratulate my noble friend on introducing a Bill in your Lordships' House; I wish it were done more frequently, especially at this stage of the Session—might I ask whether it applies to foodstuffs? As we know, there are regulations already in existence, for example, permitting oranges to be sold only to young children. I imagine that that system might have to be extended to other foodstuffs or to goods for certain classes of heavy workers. I do not know; I am only asking for information. I have consulted my noble friend on the Front Bench (Lord South wood), and we have no objection to the Bill, which we consider necessary and useful, and we certainly do not intend to obstruct its passage.
The other matter I should like to refer to is this. I can understand the necessity of confining the sale of certain articles to certain people—that is apart from foodstuffs—heavy clothing for certain classes of workers, paraffin for cottage dwellers who have no other means of heating and lighting, and so on. But the Government
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have got to be a little careful that they are not encouraging discrimination between customers. I am led to believe that there is a good deal of feeling among housewives at what they claim to be discrimination in what are called "under the counter" sales. It is natural that a shopkeeper should wish to sell his goods to his old customers and his old friends, but on the other hand that can be rather onerous in the case, for example, of licensed goods such as tobacco. I presume that the Government will be particular to see that these regulations are carefully applied, and that they do not encourage unfair discrimination as between person and person in the same category of shoppers.
LORD TEMPLEMORE: My Lords, in answer to the first question which the noble Lord, Lord Strabolgi, asked me, namely, whether this Bill applies to foodstuffs, the answer is in the negative; it does not. As to the remarks the noble Lord made about discrimination, I can assure him that every care will be taken to sec that the situation which he has envisaged does not arise so far as it can be prevented.
On Question, Bill read 2a, and committed to a Committee of the Whole House.

CLEARING OFFICE (ITALY) AMEND MENT ORDER, 1943.
Report from the Special Orders Committee, That they have examined the Special Order as required by the Standing Orders of the House: that in their opinion the Order raises important questions of policy and principle: that the Order is founded on precedent: that in the opinion of the Committee the Order cannot be passed by the House without special attention, but that no further inquiry is necessary before the House proceeds to a decision on the Resolution to approve the said Order.
Read, and ordered to lie on the Table.
House adjourned.