HL Deb 12 December 1946 vol 144 cc880-1

5.22 p.m.

Order of the Day for the Third Reading read.

THE SECRETARY OF STATE FOR DOMINION AFFAIRS (VISCOUNT ADDISON)

My Lords, I beg to move that this Bill be now read a third time, and, in doing so, I should like to take advantage of the opportunity to deal with the point raised by the noble Viscount, Lord Swinton, on the Committee stage of the Bill. He raised the question as to whether the words "as a whole" in the last line of the first clause limited in any way the power of the Minister of Defence to deal with the Services, where, for example, all three Services were not involved in any particular issue. I referred that to the Parliamentary draftsmen and to the legal advisers, and I am advised that the words "as a whole" really are intended to make it clear, and that they do in fact make it clear, that the business of the Minister of Defence is to deal with defence as a whole, rather than the administrative responsibility over the individual Services.

I am advised that the clause as drafted does, in fact, enable the Minister to discharge to the full the functions set out in the White Paper, and certainly will enable him, if I may use the words of the noble Viscount, to deal with any matter which affected one Service only, but which has a direct bearing on defence generally. That is the interpretation which, I am advised, is the correct one, and, therefore, no such limitation as the noble Viscount might reasonably and properly apprehend, does arise. Although one Service might be concerned in any particular decision, the Minister's authority would extend to it because it would concern defence generally. I am advised that the words are right, and that it would be better that they should remain in the clause.

Moved, That the Bill be now read 3a.—(Viscount Addison.)

VISCOUNT SWINTON

My Lords, I am very much obliged to the Leader of the House for going into this so fully. Far be it from me to quarrel with the interpretation put upon it by the draftsmen, however different that may appear to be from the English that "he who runs may read." I am extremely glad we have had this clarification because it is now abundantly clear that what was our intention—that the Minister should be able to deal with any general defence problem—can be realized. We have had it on high legal authority; I think there is no doubt about it, and I fully accept it.

On Question, Bill read 3a, and passed.