HL Deb 26 July 1944 vol 132 cc1123-5
THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR INDIA AND BURMA (THE EARL OF MUNSTER)

My Lords, with your Lordships' permission, I desire to make a statement on behalf of the Home Office. I much regret to have to tell your Lordships that by an oversight there has been a failure to lay before Parliament a number of regulations which have been made under the Fire Services (Emergency Provisions) Act, 1941. These regulations fall into three groups. First, there are the National Fire Service (General) Regulations, 1941, which were made in August of that year, and provide for the establishment of the National Fire Service, and a number of regulations which have been made from time to time since that date amending the original regulations. The total number in this group is nineteen, including the original regulations. The second group consists of three sets of regulations made in November and December, 1942, and in August, 1943, amending earlier regulations relating to the preservation of pensions of whole-time members of the National Fire Service who had previously been in the service of a local authority. The original regulations in this series, which had been made in August, 1941, had been duly laid before Parliament. Thirdly, there are the National Fire Service (Employment Overseas) Regulations, which were made in June of this year, and authorize the employment of members of the Service, as volunteers, in support of the operations of the Allied Forces in Europe.

All these regulations ought to have been laid in accordance with the Act, which provides that regulations made thereunder are to be laid before Parliament "as soon as may be," and that within the next twenty-eight sitting days they may be annulled by Resolution of either House. The House will, I hope, acquit my right honourable friend and his Department of any deliberate disregard of those requirements. The regulations have, of course, all been printed as Statutory Rules and Orders and have been placed on sale. Moreover, as I have already mentioned, a set of six regulations dealing with the preservation of pensions, which were made in August, 1941, were duly laid before Parliament. I think therefore that I may fairly ask the House to accept my assurance that the omission to present the other regulations to which I have referred was unintentional. Noble Lords will appreciate that at the time when this series of mishaps began, we were particularly hardly pressed in the reorganization of fire-fighting against enemy attacks. I can only express, on behalf of my right honourable friend, his great regret for the oversight.

Needless to say, arrangements have been made to ensure that a mistake of this kind does not occur again. Such steps as are possible have also been taken to repair the omission by laying the regulations before Parliament at once, and they are being presented. They will have to lie for twenty-eight sitting days, and, as we are to adjourn shortly, this period will not elapse until well after Parliament reassembles in the autumn. They will, of course, be examined by the Select Committee on Statutory Rules and Orders in another place. This will give noble Lords ample time to consider them, but I think that it will help the House if I add that my right honourable friend had it in mind in any event to consolidate, with certain further amendments, the general regulations. This may take a little time, but my right honourable friend will issue the revised regulations, with a full explanatory memorandum, as soon as possible after the Recess. There have been fewer amendments in the Preservation of Pensions Regulations, and as at present advised my right honourable friend does not think it necessary to consolidate them. In conclusion I can only repeat again, on behalf of my right honourable friend, that he much regrets this omission. He felt it was my duty, as his representative, to bring it to the notice of your Lordships as soon as possible after this had come to light.

VISCOUNT CECIL OF CHELWOOD

My Lords, I do not know whether my noble friend can give any indication of what the position of the regulations which have not been laid on the Table is; whether they have any force at all, and whether any action taken under them is invalid, or anything of that kind.

THE EARL OF MUNSTER

My Lords, I think that that is still a matter for regulation, but I will certainly convey those remarks to the Home Secretary. Perhaps I can communicate with the noble Viscount at some future date.