§ Clause 8, page 7, line 17, leave out subsections (1) and (2) and insert—
§ ("(1) Where under any enactment a power is exercisable by any authority or person—
- (a) as respects any of the home forces or their members or service courts or other persons in any way connected therewith, or
- (b) as respects any property used or to be used for the purposes of any of the home forces, or for taking possession of arty property to be so used, or for acquiring (whether by agreement or compulsorily) any property so used or to be so used,
§ (2) Her Majesty may by Order in Council made as respects any visiting force make provision—
- (a) for exempting that force or members or service courts thereof or other persons in any way connected therewith, or property used or to be used for the purposes thereof, from the operation of any enactment specified in the Order to any extent to which the force, members, courts, persons or property would be, or would be capable of being, exempted therefrom if the force were a part of any of the home forces;
- (b) for conferring on that force or any such members, courts, persons or property as aforesaid any other privilege or immunity specified in the Order, being a privilege or immunity which would be enjoyed by, or would be capable of being conferred on, the force, members, courts, persons or property it the force were a part of any of the home forces,
§ (3) Where by any enactment the doing of anything is prohibited, restricted or required in relation to—
- (a) any of the home forces or their members or service courts or other persons in any way connected therewith,
- (b) any property used or to be used for the purposes of any of the home forces,
§ (4) An Order in Council under this section—
- (a) may contain such incidental, consequential and supplementary provisions as appear to Her Majesty in Council expedient for the purposes of the Order, including provisions for applying. Modifying, adapting or suspending any enactment;
- (b) may make financial provision in respect of the exercise of any power, or the discharge of any duty, conferred or imposed by the Order.")
§
Page 7, line 39, leave out subsections (5) and (6) and insert—
("(7) In this section—
enactment" means an enactment (passed either before or after the passing of this Act) of the Parliament of the United Kingdom or of the Parliament of Northern Ireland, and includes any instrument having effect under an enactment;
property" includes both real and personal property, or in Scotland both heritable and moveable property.
§ (8) Subsections (1) and (3) of this section apply whether the power in question is exercisable, or the prohibition restriction or requirement in question is imposed, by provision expressly relating to the home forces or by more general provision, and subsection (2) of this section applies whether the exemption, privilege or immunity in question would subsist, or he capable of being conferred, by virtue of any such provision or by reason of any enactment's not binding the Crown.")
§ 3.13 p.m.
THE LORD CHANCELLORMy Lords, Clause 8 has been almost entirely rewritten. If I may say so, there is a great improvement in drafting, but the principle of the clause is not in any way altered. It has two main purposes, and they are important: first, to make it abundantly plain (upon which some doubt was expressed originally) that visiting forces should not themselves be able to exercise the compulsory powers which are referred to in the clause, and, secondly, to put them in no better position than that in which the home forces themselves could be put. Those are the two objects of the clause, which I think must commend themselves to everybody, and I think the way in which it has been done is an improvement upon the previous way. I beg to move that this House do agree with the Commons in the said Amendment.
§ Moved, That this House do agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ EARL JOWITTMy Lords, this is the clause which I had in mind in my earlier remarks, I am bound to say that when I read the new clause I did not understand it, and I very much doubt whether any member of this House understands it now. But if the noble and learned Lord tells us that it is merely drafting—as I gather he does—that the substance of what we did before is 1075 being reproduced in rather better words, and that there is no substantial alteration to what we have already agreed, then I am prepared on that statement to accept the clause. I must say that I think it is a great pity—and I said this when I occupied the Woolsack—that these ideas have to be cast in such very obscure language. So far as I am concerned, it might almost be a foreign tongue with which we are dealing here, and if your Lordships look at the wording you will see what I mean. Nevertheless, the Lord Chancellor tells us it is all right, and we can rely upon him: he would not say that unless he were quite satisfied that it was all right. That being so I will not ask any further questions.
THE LORD CHANCELLORMy Lords, I cannot assure your Lordships that everybody will understand the clause as now worded. I can assure your Lordships that it carries the matter no further than the clause of which it takes the place, except in this respect: that I think it provides some modification precisely on the lines indicated by Her Majesty's Opposition, both in this House and in another place.
§ EARL JOWITTBefore the Lord Chancellor sits down may I say this? I do not suppose we are concerned with grammar, but is he satisfied with the phrase which appears at the end of this Amendment:
…or by reason of any enactment's"—apostrophe "s"—not binding the Crown.I venture to think that if in his younger days he had written that piece of English at Winchester he would have got into trouble.
§ On Question, Motion agreed to.