STANDING ORDERS OF THE HOUSE. (Hansard, 28 July 1948)

§ THE LORD CHANCELLOR (VISCOUNT JOWITT)
My Lords, I beg to move the first Order standing in my name on the Order Paper. Your Lordships will remember that at the time when there was some little difference of opinion as to whether our proposed Standing Orders did or did not offend against the existing legislation, it was suggested that we should appoint a Select Committee to examine the whole matter. Since then, I have fortunately received assistance from many of your Lordships in all quarters of the House, and we thought it desirable to solve this controversy by bringing in amending legislation. Although that legislation has not yet received the Royal Assent, there is every hope of its doing so—it has been passed by both Houses—and, that being so, I beg to move that the Select Committee be discharged.

§ THE LORD CHANCELLOR
My Lords, I now come to the Amendment to Standing Order No. CIV and to the two 1278 proposed new Standing Orders. If I may, I will deal with these three Orders together. The first is a small Amendment to Standing Order No. CIV, which suggests that instead of the words "the Clerk of the Parliaments," we should have "the Office of the Clerk of the Parliaments," because it is contemplated that there may be times when the Clerk of the Parliaments may desire a holiday. Whether he should have it is obviously a matter of grave doubt! On the whole, however, I think it is desirable that we should make this change.
The new Standing Order No. CV conforms with the new amending legislation. In view of the fact that this legislation has not yet received the Royal Assent we have no right to speak of it as though it were any part of the law of this country at the present time. I suggest to your Lordships that these Standing Orders should be added to the Standing Orders of the House as soon as the Laying of Documents before Parliament (Interpretation) Bill has received the Royal Assent. If and when it receives the Royal Assent—and not before—these Standing Orders will be operative. In fact, the Bill will be included in the Royal Commission on Friday next. That completes what I want to say on Standing Order No. CV, which carries out the scheme of affairs laid down in the Interpretation Bill.
With regard to Standing Order No. CVI, which deals with the problem that it may be necessary to bring into force a statutory instrument before it has been laid, the noble and learned Viscount, Lord Simon, asked rue whether I would consider it altogether satisfactory that the report which, in those circumstances, the Chancellor made to the House should give an explanation merely in the following terms: "The reason why the statutory instrument was not laid, was because Parliament was not sitting." I confess that on the literal construction of the Statute, I think that is sufficient compliance with it, but I also feel that it is not what Parliament intended. I have taken this point up with the Treasury, who are assisting me in this matter, and although I cannot make any promise I hope to be able, if and when I have to make this explanation, to give your Lordships an explanation more in accordance with the spirit of the Statute. I hope to be able to say why it is that there has 1279 been such an urgency to make the instrument, which I think is what your Lordships want. I cannot give any promise at the present time, but I think in that way I shall be carrying out the spirit of the Statute, even though I should be carrying out its letter by saying merely that Parliament was not sitting. I have discussed this matter with the Treasury, and I hope to be able to influence all the Departments to accept my point of view of what is the right and proper thing to do.
I beg to move that the Amendment to Standing Order No. CIV and the new Standing Orders Nos. CV and CVI be approved, to come into force if and when, and only if and when, the Laying of Documents before Parliament (Interpretation) Bill receives the Royal Assent.

§ VISCOUNT SIMON
My Lords, as I have made rather a nuisance of myself on this question, may I be allowed to say in a sentence that I think that the noble and learned Viscount the Lord Chancellor has dealt very fairly indeed with the House upon this matter? I never felt any doubts that, in his heart of hearts, when he read the section, the noble and learned Viscount would feel with me that the intention of Parliament was that if it was necessary to bring into effect a statutory instrument before it was laid, because Parliament was not sitting, we should be given some reason why it was necessary so to do. Such cases may obviously arise. The instance I have given, which is a very good instance, is this. Suppose there arose some entirely novel method of running a black market, it would obviously be right that the necessary statutory instrument should be made to stop that at once, and that there should be no delay in the making of that instrument because Parliament was not sitting.
My own feeling has been, as the Lord Chancellor has said, that, whatever the technical language of the section, the intention of Parliament was that it should be told why it was necessary. It is not thought desirable that new laws should be made without Parliament first being acquainted of them and having a chance of challenging them. Therefore Parliament would know why it is necessary to make a statutory instrument at a time when Parliament is not able to challenge it. I feel that the Lord Chancellor has done everything that one could expect in this matter. I am only sorry to have Caused so much trouble. However, I was sure that he would feel, as he does, that that is the proper course. We shall place the greatest reliance upon the Lord Chancellor to secure that that course is followed, the more so because we are told that the Treasury in this matter take the same view. That being so, I not only do not oppose the new Standing Orders, but I support the proposal of the Lord Chancellor.
1281 On Question, Motion agreed to: the said Standing Order No. CIV amended accordingly; the said new Orders to be added to the Roll of Standing Orders on the date on which the Laying of Documents before Parliament (Interpretation) Bill receives the Royal Assent, and to be numbered CV and CVI.