HL Deb 01 February 1949 vol 160 cc455-6

4.40 p.m.

Read 3a (according to Order).

Clause 1:

Amendment and extension of 21 & 22 Geo. 5, c. 9

(6) No provision made by a legislature in exercise of any power conferred by the principal Act or this Act shall have effect unless or until it is approved by His Majesty in Council, but notwithstanding anything in the principal Act that approval need not be given before the power is exercised.

LORD TEYNHAM moved to leave out subsection (6) and insert in place thereof: Nothing in the principal Act shall be deemed to require the assent of His Majesty in Council before the legislature of a Colony may make provisions in exercise of any power conferred by the principal Act or this Act, but no provision so made by a legislature shall have effect unless or until it is approved by His Majesty in Council. The noble Lord said: My Lords, during the Committee stage of this Bill I ventured to draw your Lordships' attention to the wording of Clause 1, subsection (6), and suggested that the drafting of this subsection was not very clear and might possibly lead to a wrong interpretation. This Amendment has been set down in order to clear up this point, and I feel sure His Majesty's Government will be able to accept it. I beg to move.

Amendment moved— Page 2, line 19, leave out subsection (6) and insert the said new subsection.—(Lord Teynham.)


My Lords, I am a little disappointed that the noble Lord opposite did not specify the words in Clause 1, subsection (6) that he considered to be ambiguous or capable of any other interpretation than that intended by the Government. I have examined this subsection very carefully, with the assistance of my legal advisers, who tell me that it carries out the intention of the Government and leaves no room whatever for doubt. I have also examined (thanks to the noble Lord's willingness in giving me prior notice of his Amendment) the form of words he proposes, and I find that they have exactly the same effect as the words now included in subsection (6). I therefore cannot help feeling that the noble Lord's Amendment is in fact unnecessary; it would merely substitute the one formula for another. On the other hand, I certainly do not wish to appear to prefer one formula to another if each formula means exactly the same thing, and if the noble Lord, having heard what I have said and having the considered view of those who have given this matter serious attention, still wishes his Amendment to be substituted for the present subsection, I shall be quite willing to accept it.


I am grateful to the noble Earl for what he has said—namely, that he will accept the Amendment in the way that it is drafted. I did not wish to weary your Lordships' House by going through the arguments which were put forward during the Committee stage of the Bill, and I realise that it is a question of whether this Amendment and the other mean exactly the same thing. But, on the assurance that it does, I would still like my Amendment.

On Question, Amendment agreed to.

Bill passed, and sent to the Commons.