§ The MINISTER of TRANSPORT (Mr. Pybus)I beg to move,
That the Chairman do report Progress, and ask leave to sit again.3.56 p.m.I move this Motion to keep myself in order, because it has been represented to me that it would be for the convenience of the Committee if a short explanation of the Amendment and of the general principles of the Bill could be given. When I entered the House to-day, it was intimated to me that a great many hon. Members knew very little about this Bill and that, if a statement could be made of certain principles of it, many who were hearing about it for the first time would appreciate such an opportunity. The first thing I should like to say is that there have been many claims in the Press and elsewhere as to the authorship of this Measure. My own view is that the word" authorship" does not apply to the Bill at all.
§ Sir KENYON VAUGHAN-MORGANIt is like Topsy—it growed.
§ Mr. PYBUSThe hon. Member has stated the point that I was about to make." Entrepreneur," if you like; "editor," if you like; but this Bill is the result of at least 15 years of hard work by a Royal Commission, committees, Ministers of Transport in successive Governments, and last, but by no means least, the earnest and industrious work of the civil servants in the Ministry of Transport and elsewhere. The Bill sets out to do a very great work indeed. It sets out to co-ordinate under a unified control and ownership the passenger traffic of the greatest urban population of the world. It differs from previous Measures in one respect in that it unifies the ownership in addition to co-ordinating the control. The changes which are proposed I shall deal with in a few moments, but, as I am anxious not to occupy much time, I will very briefly describe roughly the basic principles.
658 The Bill provides, first, for the establishment of a public Board charged with the duty of providing adequate travelling facilities throughout the London traffic area; secondly, the vesting in the Board of all the local passenger transport agencies serving that area, excepting those belonging to the main line railways; thirdly, it provides—and I wish the Committee to take particular notice of this—for the provision of such safeguards and machinery as would ensure that the Board would be kept in touch with, and be receptive of, public opinion with regard to the facilities to be provided and the fares to be charged. It. provides for the setting up of a Joint Committee of representatives of the Board and the main line railways operating suburban lines. Changes are being proposed by these Amendments to the Bill since it last appeared in this House. They are of considerable importance, and, with the permission of the Committee, I will deal with two of the chief ones. I refer to the method of appointing the Board and the composition of the Board itself. The first Amendment is preliminary to those which follow, and provides for the setting up of a body of Appointing Trustees. The adoption of this procedure makes it necessary that they shall act expeditiously. This Amendment, together with the remaining Government Amendments to Clause 1, give effect to the proposals set out in the White Paper circulated last July, and in addition, provide for the establishment of a Board.
§ 4.4. p.m.
§ Sir PERCY HARRISAre we to understand that on this Motion to report Progress we have a right to discuss the whole merits and principle of the Bill?
§ The CHAIRMANCertainly not. But I think it is in Order and for the general convenience of the Committee to outline the main intentions of the Government in the Amendments which they have on the Paper.
§ Sir K. VAUGHAN-MORGANMay I ask whether, in those circumstances, it will be equally open to Members of this House to enlarge upon the merits of the Amendments which they themselves have on the Paper?
§ The CHAIRMANI do not think the question of the merits of the Amendment, should be gone into in this discussion at all.
§ Mr. ATTLEEThe Minister is giving us a general sketch of the Bill and a general outline of alterations which he is making. Those alterations raise matters of very great moment, and I submit to you that if we are to have what practically amounts to a Second Reading speech, other Members in this House should be allowed the opportunity of stating their general attitude to the changes.
§ The ATTORNEY-GENERAL (Sir Thomas Inskip)On that point of Order, may I say that the course which my hon. Friend adopted of moving to report Progress was adopted for the general convenience of the Committee. It was intended—and I hope that the Committee will assent to this—to remind hon. Members that the Bill had been before a Joint Committee of this House—[HON. MEMBERS:" No, the last House"]—of this House of Commons and the other House, and that two main Amendments are proposed to be made. I hope it will be agreed that that is a much more convenient course, but if the Committee desires immediately to proceed to the first Amendment without any indication of the main Amendments which the Minister proposes to make, we shall be quite agreeable, with your consent, Sir Dennis, to adopt that course, though I hope the Committee will realise that the course which my hon. Friend has taken was intended for the convenience and for the assistance of the Committee, and not with a view to burking any Debate which, of course, will arise on the Amendments when we reach them.
§ The CHAIRMANOn the point of Order raised by the hon. and gallant Member for East Fulham (Sir K. Vaughan-Morgan) and the hon. Member for Limehouse (Mr. Attlee), it is quite obvious that we cannot have anything like a Second Reading Debate on the Bill on this Motion. It is equally obvious, I think, that we cannot have a discussion on the merits of the Amendments, which will be discussed when we reach them. But it is by no means out or order, nor is it, I think, uncommon in this House, where a Committee is dealing with a somewhat complicated Measure for the Minister in charge of the Bill to move to report Progress, in order to make a statement which is rather wider than he could make on the 660 particular Amendment in question, so that the Committee may understand the connection between that Amendment and other Amendments which follow. I do not propose to allow—and naturally the Minister would not expect to be allowed —to go into any question on its merits, but as he has moved to report Progress, he is quite in order in making his statement, which is not in the nature of a controversial statement, or otherwise it could not be made.
§ Sir HENRY CAUTLEYAs the Minister, in what he has said, already has shown that the alterations to the Bill are so different from anything in the Bill which went before the Joint Select Committee, shall I be in order in moving that the present Bill be recommitted to that Select Committee?
§ The CHAIRMANNo, the hon. and learned Member certainly could not do it now. We have already entered upon the Committee stage.
§ Sir H. CAUTLEYMay I point out to you, Sir Dennis, that the Motion to report Progress was made before we entered upon the Committee stage? My suggestion is that I should be in order, either now or at the conclusion of the Minister's observations, to move that the Bill be recommitted to the Select Committee.
§ The CHAIRMANIn the first place, the hon. and learned Member is not quite accurate. As it was my duty, I called Clause 1, and therefore we have entered upon the Committee stage. It would not be in the power of this Committee to order that this Bill be recommitted to a Select Committee. That is a thing which can only be done by the House and not by this Committee.
§ Sir P. HARRISShall we be allowed on this Motion to discuss the origin of this particular Bill'?
§ The CHAIRMANOn this Motion to report Progress I cannot allow any discussion which enters into any question of the merits of the Bill. I have already indicated that, in my view, the statement which the Minister proposes to make on this Motion should not be of such a controversial nature.
§ Mr. H. WILLIAMSIf the Motion were that the Bill be not further proceeded with, it would be competent on 661 that Motion to give reasons for not further proceeding with it which would relate to the structure of the Bill?
§ The CHAIRMANThat would not be the appropriate Motion. The hon. Member has got his opportunity if he chooses of dividing and voting in favour of the Motion to report Progress.
§ Colonel GRETTONIn accepting your Ruling which, of course, I do, there has been no complaint of the Motion before the House for merely an explanation, but may I ask at what stage can the House debate the general effect produced by the first important Amendment which the Government propose to move? Will you be able to allow a wide Debate on the effect of the first of the Amendments, which will alter the general structure and the general principle of the Bill?
§ The CHAIRMANI cannot, on the first Amendment or any other Amendment, allow any discussion on this Bill wider than in the Committee stage of any other Bill. It seems to me, if I may say so, that hon. Members have got in their minds ideas of doing things which might be done by the House but certainly could not be done in Committee.
§ Colonel GRETTONObviously, as very wide changes are being made by the Amendments which the Government propose, the Committee should have some opportunity of discussing those changes and their effect on the Bill. Can you indicate at what point such a discussion might take place?
§ The CHAIRMANWhere there is a series of Amendments directed to one end, it is quite clear that there must be ample discussion on the effect of the Amendments as a whole. I may remind the right hon. and gallant Member also that there will be an opportunity for discussion on each Clause of the Bill on the Question," That the Clause stand part of the Bill."
§ Mr. CHARLES WILLIAMSMay I ask for your guidance on this question of reporting Progress? Will Members of the Committee be permitted, not, of course, to discuss the principle of the Bill, but to give reasons why they consider it to the advantage of the House and the Committee that we should report Progress definitely on this matter to-day?
§ Mr. SMITHERSWhile this Motion is before the House, will it be in order for Members of the Committee to continue the discussion along the lines and the width already initiated by the Minister of Transport?
§ The CHAIRMANI am afraid it might take almost as long to answer as some hon. Members' speeches if I endeavoured to say what could be said and what could not be said. I can only indicate to some extent the lines which I consider relevant on this particular Motion. I think hon. Members must leave it to me to see how far they can be allowed to go.
§ Mr. PYBUSAt the moment when the hon. Member for South-West Bethnal Green (Sir P. Harris) intervened, I had reached the stage of saying that we were prepared to make changes in regard to the method of appointment of the board through the appointing trustees, and that we were proposing to increase the number of members of the board from five to seven and to provide that two of those seven should be persons with special experience in local government work. That was as far as I wished to go, and I made that statement because I thought it might be for the convenience of Members of the Committee. There is no idea of taking advantage of this Motion in any way, and I trust that the Committee will agree that my statement has been brief and also to the point.
§ Mr. C. WILLIAMSIt seems to me that, if we were in a position at the present minute to report Progress, we should be able to get on with the work of the House of Commons on some other matter. This Motion to report Progress affords a definite means of ending a Debate for a certain time, and then the usual channels can come into operation and things can be arranged either in one way or in another. I have no wish in any sense to delay the work of this particular Government. I do not say that I have always been innocent in these matters in the past, but from what I hear from a good many people, and particularly from new Members, I think it is very difficult for the average Member of Parliament to realise the position to-day, when we are suddenly called upon, in the most extraordinary circumstance of this Bill being carried over from a previous Session, to 663 deal with the Bill in the way in which we are now asked to deal with it.
There is on the Order Paper a large collection of Amendments. I do not pretend to have read them, but I have tried to see where they lead, and it seems to me that before we can deal with those Amendments—I will not discuss the principle of any one of them at the present moment—it is absolutely essential that we should be given the clearest understanding as to why the Government think it is necessary to proceed in any way with this Bill at the present time. As far as I understood the original Bill, there was very great feeling in our party about it. If I may state one point as to the popularity or otherwise of the original Bill, which in due course we may or may not amend, I believe that, while there were eight or nine Members who spoke in favour of the Second Reading of that Bill, only one of them survives in the House at the present time, and that is the hon. Baronet the Member for South-West Bethnal Green (Sir P. Harris). His position is a unique one as far as 1 know, and probably he is the best recommendation that the Government have for carrying on the Bill at the present time, if not the only one. As one who has given the Government and the party to which I belong fairly whole-hearted support, as one who at any rate believes that there is a great future for the present Government, and as one who, I would say with the very greatest respect, believes in certain clear and definite principles which this Bill cuts right across, I hope, in the interests of the Government as a whole, that they will accept this Motion to report progress, which they have moved themselves, and will allow the House to proceed with the business that we were elected to deal with, and that they will not endeavour in any way to force this House of Commons into an attitude and state of mind which can only ultimately be bad for the Government as a whole.
§ The CHAIRMANI think that the hon. Member is now getting a little beyond the lines of the discussion that I can allow on this question, and is beginning to go into the merits of the Bill.
§ Mr. WILLIAMSYes, Sir Dennis, I am afraid that I was, perhaps, getting closer to the merits of the Bill than I intended. I will only add a single sentence.
664 I hope that the Government will accept their own Motion, as I am sure, for what my judgment is worth, that it would be in the interests of the whole position of the Government if this Bill could just pass quietly away.
§ Mr. ATTLEEI do not want to follow quite the same line as the hon. Member for Torquay (Mr. C. Williams), who has given the Government his support by exercising his great gift of silence for quite a number of days, but I want to ask the Minister for a little further light on the Bill. When he rose, I thought he was going to give us some outline of the general effect of these masses of Amendments, but he seemed to be scared by the rising of the hon. Baronet the Member for South-West Bethnal Green (Sir P. Harris), and to cut short the remarks that he would otherwise have made. He told us, it is true, of the principal changes, but he did not give a very clear outline. I think that, without going into the merits, he might have given us a clearer description of what exactly is proposed to be done by the major Amendments. It would have been a help to the Committee if he could have told us something about the changes that have taken place in the negotiations with the various interests which have caused the putting on the Paper of so many detailed Amendments, proposing that this or that authority or undertaking should he removed from this or that Clause or Schedule, and so on. When the Minister rose, I imagined that he was going to make a fairly full statement with regard to the long list of Government Amendments, and not merely to deal with only one or two points.
We are in a rather difficult position on this Motion to report Progress. It seemed to me that the Minister, when he started, was going" all out" to make a Second Reading speech, and he was rightly checked. He was giving reasons why we should accept this change in the Bill. The main change indicated, namely, the change in the nature of the authority that is to be set up, obvicusly arouses the biggest controversy in the whole Bill, and numerous Amendments are coming in from certain groups of Members to deal with it. It seems to me that, if we could have had a discussion on the question of what should be the authority, it would 665 have been of great advantage in clearing the mind of the Committee. As it is, it seems to me that we shall get into a discussion first of all on the question of the time when the authority shall come into force, then into another discussion with regard to the name of the authority, and then into still another with regard to the number; and each of these points is bound up with the question of what kind of constitution is to be given to the board, and what kind of board is to be set up. I do not know whether you would be able, Sir Dennis, to consider that matter while the discussion on the Motion to report Progress is going on, but I think there is a great deal of force in the suggestion which has already been made by the right hon. and gallant Gentleman the Member for Burton (Colonel Gretton), as to the need for a general discussion on that point, because otherwise we shall have, on most of these Amendments, discussions involving the same principle again and again.
§ Colonel GRETTONI desire to support the remarks which have just been made by the hon. Member for Limehouse (Mr. Attlee). Certainly it seems to be a very extraordinary procedure to move to report Progress in order that a few scanty remarks may be made upon two only of the Amendments. What the Committee needs, as the hon. Gentleman has just said, is a general explanation of the effect of the Government Amendments. There is a great mass of them, and some of them are rather obscure. Surely, it is treating the Committee with scant respect the Minister to sit down, as he did, after having made some very short remarks upon two points and leaving great masses of Amendments unexplained. I do not want to delay any stage of the proceedings on the Bill, but I would urge upon the Government that the Committee is entitled to a more full and adequate explanation than any that has yet been given. It might facilitate the proceedings at this stage if we could understand the general effect of the proposals which the Government have set clown on the Paper.
§ Sir P. HARRISI think it is the feeling of the Committee that, the Minister having taken the very exceptional course of moving to report Progress, he ought to give more justification for his Motion than the few very short remarks that 666 he made. I must admit that I myself was taken completely by surprise. I was prepared to go on with the discussion of the first Amendment on the Paper. The Minister started well, giving us very good reasons for his action. He told us that he was going to clarify the position for new Members. I do not know why he should refer to new Members in particular, because old Members are equally justified in wanting to know the effect of the large number of Amendments which have been put down. If hon. Members will turn to page 101 of the Amendment Paper, they will find a new Clause running over three or four pages, and dealing with a large number of by-laws and provisions—[HON. MEMBERS:" Read it! "]—I wish to pay due respect to the time of the Committee, but hon. Members will find there a whole page dealing with provisions regarding certain stocks of the Metropolitan Railway Company, and I understand that those provisions will materially alter the whole foundation of the Bill. That proposal may be good or bad, but I thought that, as the Government had taken this step, they would show how the Bill was to be remodelled and readjusted to meet the general criticism of the House. The hon. Member for Torquay (Mr. C. Williams) referred to the ancient history of two years ago—it is a long time to look back to—when I voted, as I plead guilty to having done, for the Second Reading of the original Bill. He said that I am the only survivor, but I think that that is an exaggeration—
§ Mr. C. WILLIAMSI beg pardon; I said that the hon. Baronet was the only one of the speakers in favour of the Bill who had survived.
§ Sir P. HARRISIf the hon. Member had studied my speech, he would have found that it was a very qualified support that I gave —
§ The CHAIRMANThe hon. Baronet is now reaching the point at which I called the hon. Member for Torquay (Mr. C. Williams) to order.
§ Sir P. HARRISI only wanted to make my point clear by asking the hon. Member to refer to my speech. As we are in Committee, I assume that the Minister can speak again, or, failing him, the Attorney-General, and I think we should now have a complete survey of the whole 667 Bill, showing how far greater safeguards for the travelling public are provided, what effect the Amendments are likely to have on finance, how the new electoral college will operate, and how far there is agreement among the new electors as to the exercise of their functions.
§ The CHAIRMANI am afraid that that would involve going into the merits of the Bill to an extent which I should not be able to allow.
§ Sir P. HARRISThat makes it very difficult. It seems that, although the Government and the Minister have had over a year, it is only at the eleventh hour that they have made up their minds how to meet criticisms from various parts of the Committee. They are putting us in a very difficult position at short notice without adequate consideration, without an opportunity to consult various interests outside—local authorities, companies, and so on. The Minister will be well advised to persist in his Motion to report Progress and have a White Paper explaining the effect of the Amendments.
§ Sir WILLIAM DAVISONI heartily support the Motion that we report Progress and ask leave to sit again at a more suitable time when we really know where we are. The whole position is one of chaos. It is the first time in my experience of the House, which is now a considerable one, where a completely new Bill is being put before us without any explanation of any kind or description. There is no doubt whatever that, as my hon. Friend suggested, the intention of the Minister was to make something in the nature of a Second Reading speech within the Rules of Order as near as he could, but he found that was not possible. We know nothing whatever about the general reasons for the Bill nor why it is being produced, nor why the finances that were submitted to the House two years ago are suitable for the Committee to come to a determination upon. now. There is the further point that was really indicated by Mr. Speaker before you, Sir, took the Chair, that he himself would have to consider very seriously when these Amendments had been passed, if they were passed, whether the Bill was not a completely different Measure from that which had its Second Reading in a previous Parliament. It is very desirable, 668 in order to save the time of the Committee, that the Government should go into the matter with Mr. Speaker and get some ruling in advance, so that we may not sit here, apparently into the small hours of the morning, for an indefinite time discussing Amendments which it is likely cannot be proceeded with because, when they are passed, they will prove not to be within the scope of the Bill and will make it a different Bill from that which received its Second Reading in another Parliament. Seldom has a Motion to report Progress been better justified than the present one, and I hope it will be carried by a large majority.
§ 4.33 p.m.
§ The ATTORNEY-GENERALI hope the Committee will allow me to intervene in the discussion in order that we may all fully appreciate the position that has been reached. I think some of my hon. Friends have overlooked a Motion that was carried last Session and have also overlooked the history of the Bill. It is what in Parliamentary language is called a hybrid Bill. [Interruption.] My hon. Friend seems to have made an interposition which has very little to do with my statement that this was a hybrid Bill, which was my point at the moment. In consequence of the fact that the Bill is a hybrid Bill, it had necessarily to be referred to a Joint Committee of this House and the other House, although this House was then differently constituted, to be considered in all its details. It emerged from that Committee in a very different form from that in which it was originally introduced by the late Minister of Transport, Mr. Morrison. Substantial Amendments were made as the result of over 30 days' consideration in the Joint Select Committee. The Amendments having been made by the Joint Select Committee, the Bill would in the ordinary course have been considered in Committee by the same House as that in which the Motion for the Second Reading had been passed. In consequence of the decision of the House, the Bill has been carried forward and has been dealt with in exactly the same way as if it was going forward in the same Parliament in which it was introduced. May I read the Resolution that was carried:
That further proceedings on the London Passenger Transport Bill be further suspended till the next Session of Parliament: 669 That on any day in that Session a Motion may be made, after notice, by a Minister of the Crown, to be decided without Amendment or Debate, that proceedings on that Bill may be resumed:If that Motion is decided in the affirmative, Mr. Speaker shall proceed to call upon the Minister in charge to present the Bill in the form in which it stood when the proceedings thereon were suspended, and the Bill shall be ordered to be printed and all Standing Orders applicable shall be deemed to have been complied with and the Bill shall be deemed to have been read a Second time and to have been reported from a Joint Committee of Lords and Commons and shall stand re-committed to a Committee of the Whole House.
§ The ATTORNEY-GENERALIn this Parliament. In those circumstances, it would have been quite improper for us to suggest, even if you, Sir, had been minded to allow it, to have anything in the nature of a Second Reading Debate, because the House has already decided that the Bill shall be treated as if it had had a Second Reading Debate, has been through the Joint Select Committee and has been recommitted, and in those circumstances, in view of the fact that the House so lately passed this Motion, I think we should have been fully justified in proceeding to the Committee Stage and taking the Amendments one by one. The Minister thought it would be for the convenience of the Committee to mention two or three of the important changes proposed to be made in the Bill by Amendments on the Paper. The position now is that, if we proceed to the Amendments, these matters will be brought out into the full light of day, upon which there are so many differences of opinion. I quite understand that Members in all parts of the Committee, irrespective of party, hold many divergent views upon the Bill and upon many of the proposals that are to be made to amend it. This is a case, if ever there was a case, when the old saying solvitur ambulandowill help us to get over our difficulty as to the appreciation of what is in the Bill. If we can proceed to one or two of the important Amendments, there will be ample opportunity for every critic and every friend of the Bill to disclose the main purpose of the Bill and the main proposals which will be made for its Amend- 670 meat. On the very first page of the Order Paper, on Clause 1, there are at least three Amendments which raise question of principle in the most obvious form.
I hope the Committee, unless it is minded to prevent the discussion of the Bill—which I am sure is not the case—will allow us to withdraw the Motion, because it was made for the general convenience of the Committee and was never intended to be a peg upon which to hang a prolonged Debate which will prevent us, getting to the point at issue on which the critics want to meet the Government and the Government want to meet our critics. I do not know whether that is optimistic on the part of a junior member of the Government who is charged with duties in relation to the Bill for the purpose of assisting the Committee, but I hope we may proceed to one or two of those important Amendments, the first of which stands in the name of my hon. Friend the Member for Fulham (Sir K. Vaughan-Morgan). Upon that Amendment, and on one that stands a little later in the name of the Minister,' there will be such a full opportunity for discussion, which will be in the nature of a Second Reading discussion having regard to the points of principle that are raised, that I hope we may now be allowed to proceed to that important discussion.
§ 4.40 p.m.
§ Sir K. VAUGHAN-MORGANMay I ask my right hon. Friend if he will bear in mind, in regard to what he said about carrying the Bill over on 27th October, that of course the House at that time had the Bill before it in its original form and had not been presented with 40 pages of Amendments, some of them thrust upon us at the last moment. That is surely a strong reason why the House should proceed to carry the Motion to report Progress and to ask leave to sit again on some more appropriate occasion. If that is not done, may I ask that some representative of the Government will carry a little further the rather short analysis of the proposal that has been given us. The Minister referred to the authorship of the Bill, to the great area. that it covers, to the fact that it aims at unified ownership, to the changes to be made in regard to the composition of the Board and to the increase in the number of the Board from five to seven, but I think he made no reference to the fact or 671 to the nature of the important negotiations that he has been conducting with private interests between the time that has elapsed since the Bill left the Select Committee stage and now appears before us. If we might at this stage have a fuller statement in regard to those important aspects of the Bill, the Committee would be much more ready to permit the withdrawal of the Motion than I believe it to be at this moment.
§ 4.42 p.m.
§ Sir STAFFORD CRIPPSI think the Committee finds itself in some little difficulty as regards being able fully to appreciate the issues that are likely to be raised by the individual Amendments. Obviously, the Minister intended, when he got up, to make a prolonged statement with regard to the general aspect of the Amendments in his name, how they interrelate one with another, and what their general effect will be. I am sure the Committee is anxious as soon as possible to get to-grips with the real issue and not to spend time in discussing such a Motion as this. If the Attorney-General's suggestion met with your approval, Sir, that on the second Amendment on the Paper we might be permitted to go beyond the exact terms of the Amendment into a wider discussion on the principles that are raised by the question of the body which shall in fact control London passenger transport in future, I feel certain that a great many Members, at any rate, will be anxious to pass from the present stage and get on to some of the Amendments. Some of us feel that, in view of the Ruling which you gave, each Amendment can only be dealt with so far as the precise content of that Amendment is concerned, and that we shall not be allowed to go outside those very narrow limits and discuss the more general propositions which must in reality arise. We feel that, if we go straight on with the Amendments now, there will never be any opportunity for discussing the main and general principle in a wide manner. If, perhaps, you could assure us that on some convenient occasion, on an early Amendment, some such opportunity will be given, the Committee will be anxious to get on as soon as possible.
§ 4.44 p.m.
§ The CHAIRMANI hope the hon. Gentleman has rather misquoted what I said in my Ruling. At any rate, I did not intend to say that the discussion on each Amendment must be strictly confined to the actual contents of that Amendment. What I said we must do is to confine it to what is relevant to that Amendment, because it is the common practice of the Committee in cases of this kind to discuss the implications of what one may call one Amendment which is technically contained in a number of different Amendments. As to the actual Amendments on the Order Paper, I think that the earlier ones referred to hardly raise the main principle. The main principle on the chief alterations proposed to be made in Clause I would probably arise and be discussed more conveniently on the main Amendment in the name of the Minister—in page 1, line 13—rather than on any of the other earlier Amendments on the Order Paper.
§ Mr. H. WILLIAMSI am not clear why the Minister moved to report Progress, because he did not seem to use the opportunity afforded him. I was under the impression that we were to have a non-controversial, but nevertheless full exposition of what the Bill would be like if all the Government Amendments were passed. Instead of that, he was just getting into his stride when the hon. Member for South-West Bethnal Green (Sir P. Harris) interrupted him, and his speech came to a mysterious end. I think that we have been robbed of an opportunity of having the Bill explained to us. A tremendous number of things have happened since the Bill had a Second Reading. I know that it is a hybrid Bill, which, I understand from the biologist, means" the progeny of different species." That is what a hybrid Bill really means in its widest sense, though it has a narrow sense in this House. I do not believe when three weeks ago the House had the Bill submitted to it, and in view of the 20 pages of Government Amendments, or at least such Amendments as the Government had then decided upon—there are 17 new Amendments on the Paper of which they had not thought until yesterday—the Government at that time knew what Bill it would be desired to carry forward.
673 It is appalling that we should be trying to do this job under such disabilities. I have never heard of a better Motion from the Government Front Bench than the one which is now before us to report Progress. If they instruct their tellers to tell against the Motion, which, I think, is very probable, the first Amendment to be taken will be one which the Minister only discovered last night. The first Amendment in page 73 is starred, which, I understand, means that it was handed in on Monday, 28th November. It is really not quite respectful to the Committee to treat it in this way, and I sincerely express the hope that the Government will be successful by a large majority in carrying the Motion.
§ Mr. SMITHERSI would like to ask the Minister the reason why he decided upon the course which he took at the opening in moving to report Progress in order to give a full explanation? We have not had that full explanation. I should like to know, looking at the thickness of the papers on the Despatch Box, why the Minister suddenly stopped, using those voluminous notes. I should not have minded so much if he had carried out what seemed to be his original intention. It is obvious that the Government felt, that there was some necessity for making an explanation, and it was a kind of qui s'excuse s'accusethat they moved the Motion to report Progress in order to be able to give the explanation. The learned Attorney-General rightly referred to the decision taken a fortnight or three weeks ago that the Bill should be carried over to this Parliament. That decision of the House has been carried out, and the Committee stage of the Bill has actually begun. Having carried out the spirit and the letter of the Resolution which was passed in the last Parliament, rod the Committee stage having begun, -the matter is now re-opened, and it is up to the Committee to decide within the Rules of Order what further progress should be made. Some of us who support the Government have been put in a very difficult position indeed. I am certain that if the Bill could be taken as a whole, and the Whips were taken off, it would never go through. On the broad aspect of the Bill—
§ The CHAIRMANThe hon. Member must not discuss the Bill.
§ Mr. SMITHERSI do not wish to discuss the Bill. I want the Bill to be killed as a Bill, without any Amendments being taken at all.
§ The CHAIRMANThis is not the time to do it. By Order of the House it is the consideration of the Bill in Committee which is now before us, and the only question before the Committee is whether it should proceed with its work or whether it should report Progress and ask leave to sit again.
§ Mr. SMITHERSMay I appeal to the Committee? Here is a heaven-sent opportunity for us not to vote against the Government but with the Government. I beg of the Committee not to let this opportunity slip by on the Motion we are now discussing. The real feeling on the Bill is obvious. I beg of the Government to let their Motion go forward, and I beg of the Committee to support the Government on this occasion.
§ Mr. COCKSThe Committee is now in a state of absolute confusion. What we want is a Cabinet Minister with a gift of lucid and clear explanation, and I suggest that we should send for the Prime Minister.
§ Sir GEORGE HAMILTONMay I ask the learned Attorney-General whether he heard Mr. Speaker rule at the end of Questions, just before we entered upon the Committee stage, that he (Mr. Speaker) would seriously have to consider the Bill when it came before him on the Report stage if all the Amendments were carried? I think that what Mr. Speaker meant was, that if all the Government Amendments were carried, he would have to take into serious consideration whether it was not a new Bill, and not the Bill which received a Second Reading in the last Parliament. Therefore, would not he have to rule on the Report stage that all the proceedings on the Bill would have to start de novo,and is not it an absolute waste of time for the Government to go on with the Bill? It really is a waste of time—to-day and on Thursday the House of Commons is to devote time to the Bill—if the Bill is to be a new Bill, which, I believe, it will be one with all the Amendments which have been put down by the Minister. There are pages of them. If these are adopted by the Com- 675 mittee, as they will be if the Government Whips are put on, in spite of any resistance that there may be, it will be a new Bill. Will the learned Attorney-General give his considered—
§ The CHAIRMANThe hon. Gentleman is now anticipating what may be the action of the Committee. The Committee has not dealt with the Bill at all yet.
§ Sir G. HAMILTONIf the Government Amendments are carried—that is not anticipating, I think—will it not then be a new Bill, and will not Mr. Speaker then be obliged to give very serious consideration to what he said after Questions?
§ 4.54 p.m.
§ The ATTORNEY-GENERALI intervene only with the indulgence of the Committee as my hon. Friend his addressed question directly to me. I cannot answer it. It would be most improper to attempt to anticipate the decision of Mr. Speaker on a question which my hon. Friend says he will seriously have to consider. I cannot read into the statement of Mr. Speaker what my hon. Friend reads into it. If the Committee make such Amendments as they are minded to make, the question may or may not arise whether it is the same or a different Bill. The hon. Member for Chislehurst (Mr. Smithers) asked as to the reason for the first Amendment which appears on the Order Paper—in page 1, line 9, after the word" shall," to insert the words" as soon as may be after the passing of this Act." Hon. Members will observe that my hon. Friend the Minister put down the Amendment, which is the first Amendment on the Paper, with a view to making the statement which, I think, you, Sir Dennis, were prepared to say could more properly, and, indeed, could only be made on a Motion to report Progress, and not on the rather limited Amendment which had been put down for the sole purpose of making such a statement as the Minister intended. The first Amendment is merely a formal one to provide the opportunity which has now been provided by the Motion to report Progress. I do not know whether the Committee will so far bear with me as to allow me to say what are the three substantial Amendments. I am very anxious to avoid 676 anything in the nature of a provocative statement which naturally might make Members anxious to reply to me. Therefore, let me tell the Committee baldly the three chief Amendments in the Bill as it emerged from the Joint Select Committee.
§ Mr. CHURCHILLNot on a Motion to report Progress.
§ The ATTORNEY-GENERALI think I heard my right hon. Friend say that it is not in order. Here I am being asked to make a statement on the three main Amendments, and when I proceed to do so in a few sentences, my right hon. Friend the Member for Epping (Mr. Churchill) says that I am out of order.
§ Mr. CHURCHILLMay I assure my right hon. and learned Friend that we should all be most anxious to hear what he has to say. The Committee are most anxious to hear, not only what he has to say, but what the Minister of Transport has to say. The difficulty in which we find ourselves is that by the unalterable working of the rules of the House and their impartial administration these necessary processes appear to be beyond us at the present time.
§ Earl WINTERTONOn a point of Order. I am not sure whether or not the learned Attorney-General is in possession of the Committee, but, if he is, I understand that he is now going to deal with three Amendments on the Paper. I only ask, in order to protect the rights of the rest of us, whether we shall be entitled to discuss those Amendments
§ 4.58 p.m.
§ The CHAIRMANI think that that point has been amply covered by the Ruling which I gave some time ago to the effect that the Minister—and the same applies to any other Member of the Government making a similar statement—will only be allowed to make a non-controversial statement explanatory of the intention of the Amendments, and neither he nor any other Member can discuss them until we reach them in the ordinary course.
§ Mr. LANSBURYI very much want to discuss these matters both in a controversial and a non-controversial way. What puzzles me is, what is controversial and what is non-controversial?
§ The CHAIRMANrose—
§ Mr. LANSBURYYou will allow me, Sir Dennis. This is a very important matter. The three Amendments with which I expect the learned Attorney-General is going to deal are very vital, and if he is going to put the point of view of the Government—[An HON. MEMBER:" No."] Whose point of view is the right hon. and learned Gentleman going to put? The right hon. and learned Gentleman cannot speak for himself when he stands at that Box; he speaks for the Government. He is going to put, I understand, the point of view of the Government upon these matters and explain to the Committee the implication of the Amendments. I think that some of us would very much like to put our view in regard to those Amendments. Before the right hon. and learned Gentleman makes his explanation, I wish to join with the Noble Lord in trying to protect the rights of the rest of us to put our non-controversial point of view on the subject.
§ Earl WINTERTONI should like to have it, made clear that I understand you are not ruling that any distinction should be drawn between the rights of a Minister and the rights of the rest of us in this regard. I have always understood that, according to the Rules of Debate, a Minister has not the right to introduce any subject if it is not open to private Members for discussion. I gather that the Ruling you have laid down as to the Minister's powers with regard to definition on the point in question will also apply to anyone of us who chooses to give a definition or an explanation of a definition of the statement made by the Minister.
§ The CHAIRMANThe Noble Lord and the Leader of the Opposition have both hen trying to stretch my Rulings further than I intended them to go. The point of difference between the position of the Minister and that of hon. Members is clear. What I was prepared to do was to allow the Minister, or a representative of the Government, to state briefly, but in a non-controversial manner, the intention of the Government. The intention of the Government with regard to these particular Amendments is not a matter which can be stated either by the Noble Lord or by the Leader of the Opposition. That is the difference between them and the Minister. I do not propose that the Minister should be allowed in a state 678 ment to go into any controversial matter as to whether the Amendments mean a particular thing or not.
§ Mr. LANSBURYWith very great respect, the intentions of the Government are controversial. It is the intention of the Amendments that we want to discuss.
§ The CHAIRMANThe proper time to do that is when the Amendments are moved.
§ Mr. LANSBURYThis is a matter of importance to every Member of the Committee. If the Government spokesman is going to explain the intentions of the Government he must explain the Amendments. I respectfully suggest that we have a right to discuss the intentions of the Government and the explanation that the Minister gives, and to put forward our view of the Amendments and our intentions in regard to them. I suggest that if the Attorney-General makes his statement we should be allowed to discuss it in the same spirit that he puts forward the intentions of the Government.
§ The CHAIRMANIf the Minister or the spokesman for the Government in the course of his statement enters into any question which other hon. Members of the House may wish to discuss, and it is a proper subject for discussion on the Motion, I shall, of course, allow the discussion to take place. It is my intention to confine the spokesmen for the Government in any statement that is made to remarks which do not raise any question of controversy at all.
§ Mr. C. WILLIAMSIf the Minister states the intentions of the Government, will other Members be allowed ed to state their intentions on the Amendments? Naturally, I and every Member of the House accept your Ruling that the Government should only lay down their intentions, without giving reasons, but other people have intentions with regard to this matter.
§ The ATTORNEY-GENERALIn view of what I gather is the general desire that nobody should be allowed to explain or state anything. I am not at all anxious to state, even in the three sentences which I was going to use, the three main changes proposed to be made. As the Committee does not desire me to use 679 those three sentences, I will refrain from doing so, and perhaps the Committee will proceed to the first Amendment on the Order Paper, after this Motion has been dealt with.
§ 5.4 p.m.
§ Mr. CHURCHILLIt is perfectly clear from the position that we have now reached how well advised the Minister of Transport was in moving to report Progress. Everything that has taken place in this discussion has clearly shown that that is the proper course for the Committee at this moment. The Minister of Transport got up and desired to unfold to the Committee a statement vital to their coherent and competent consideration of the Bill. For some reason or other he found himself unable to do so. Then the Attorney-General rose, with all the weight of his office behind him, to assist us, in the interests of the Committee, in the interests of discussion on this Motion, and draw our attention to three Amendments and the Government's intention in regard to those Amendments. He had information which he wished to convey to us, just as the Minister in charge of the Bill had information which he wished to convey. But we have got no information, and it is perfectly clear from the Ruling of the Chair that the information which they wished to confide can only be of a limited and restricted form and could not convey any clear or intelligent impression to those who heard it. We are discussing whether we should report Progress, and I think the Government would be very well advised to follow up that happy thought. Obviously the House ought to be in possession of this important Ministerial statement before it addresses itself to the discussion of the detailed Amendments. Obviously, it cannot be in possession of that information, owing to the Rules of Order. There must be, therefore, a great failure in our Debate to-day if we are called upon to embark upon these Amendments without having received the indispensable information which the Government wish to confide and which they have already endeavoured to confide to us.
There is really no hurry about this Bill. It would be very natural, after the long delay which has intervened in its various stages and its mixed parentage, to which my hon. Friend referred, and 680 it would be very necessary that there should be a general Debate on the principle of the Measure, its history, its position and its character, before we embark upon the long pages of Amendments, some of which are so newly printed, on the Order Paper. The Government have a hundred facilities open to them to get the Committee out of a difficulty. The difficulty is apparent; it is a patent deadlock, but the Government can easily resolve it. They can carry out what are evidently the wishes of the Minister in charge of the Bill. All they have to do is to report Progress upon this Measure, instead of using an enormous deadweight majority to carry things through whether the House likes them or not. All that they have to do is to accept the Motion which the Minister himself has made, and for which I certainly intend to vote, to proceed to other business on the Order Paper today, and to put down on the next occasion when this discussion is resumed some Motion or Resolution, which can quite easily be done, a simple Motion for the Adjournment, for instance, which would enable the whole question to be discussed quite freely. Then we could embark upon these pages, these folios of Amendments, with the whole matter put into its proper form and concept by the Minister in charge of the Bill, in accordance with what the Government consider is best calculated to enhance the efficiency and the dignity of our Debate.
§ 5.9 p.m.
§ Sir S. CRIPPSSo far as we are concerned on this side of the House there is so obviously a deadlock that we shall feel obliged to vote in favour of the Minister's Motion. Would it not be possible if the Committee reports Progress at once, for an immediate Motion for the Adjournment of the House to be made by the Minister? Thereupon, a general discussion could ensue upon that Motion and the voluminous notes which the Minister has before him, dealing with the general principles of the Bill, could be dilated upon. I suggest that we should adopt that course.
§ 5.10 p.m.
§ Earl WINTERTONAs the Attorney General referred to me or to others who take a certain view of his speech, I should like briefly to reply to what he said. The right hon. and learned Gentleman said 681 that the Committee was apparently not prepared to hear him state the intentions of the Government. That, at any rate, is not the position which I take up. I am anxious to preserve the rights of private Members. I am not suggesting, Sir Dennis, that you do not desire to preserve them, but I am not quite sure that the Attorney-General is prepared to do so.
§ The ATTORNEY-GENERALCertainly.
§ Earl WINTERTONI want to preserve the right that anything that is said by a Minister should be open for discussion by any Member of this House. The Rule applies both ways. The idea that it would be possible for the Minister to make a statement and that that statement should not be discussed is really contrary not only to the Rules of Debate but to the whole concept of discussion in this House. There are only two occasions which are exceptions to that Rule, and that is when a Minister is answering questions or when there is a personal explanation. I do not think there are any other exceptions to the Rule, and it is a most important Rule which we ought not to allow to be abrogated.
§ The ATTORNEY-GENERALI quite agree. I never said otherwise.
§ Earl WINTERTONI distinctly understood my right hon. and learned Friend to say that Members of the House seemed to object to his making a statement of intentions. We do not object to that, but we object to a statement of intentions which we cannot discuss. I would support the very powerful appeal made from several quarters that we should either report Progress, or that the Government should devise some means whereby we can discuss this matter. We obviously cannot do so in the present circumstances. We are in a time of great crisis in this country, events of the most critical importance are being discussed behind the Speaker's Chair,. and, without a single Cabinet Minister on the Front Bench—we know that they cannot be here because they are engaged elsewhere—we are asked practically to pass a Socialist Measure, without the Government themselves having any clear idea of the procedure to be pursued. I would ask the Government to follow the advice 682 given by my right hon. Friend, to carry the Motion to report Progress, take some of the other business on the Order Paper and put this Bill down for discussion on some more felicitous occasion.
§ 5.14 p.m.
§ The ATTORNEY-GENERALI am sorry to intervene again, but I must defend myself this time from suggestions that I want to curb discussion. My Noble Friend, I think, was rather afraid that I wanted to make a statement and to prevent anyone else afterwards from discussing it.
§ Earl WINTERTONNo.
§ The ATTORNEY-GENERALIf that is not the question, then let me say nothing more about it. It is for you, Sir Dennis, to say how the Debate shall proceed. I have throughout been anxious to do what is for the greater convenience of the Committee. I neither want to burke discussion of what I say nor refrain from making, I hope, a sufficiently clear statement of the matters embodied in these numerous Amendments. I did not want to discuss them and I did not want to defend them, I might say that I hardly wanted to explain them, but I intended to state three main changes that are proposed by this very large body of Amendments, the great bulk of which when these three particular Amendments are made will be found to be consequential and drafting Amendments. I am so entirely in the hands of the Committee that I do not know which course to take in order to meet their wishes. I know which course is for the convenience of the Committee, if they will allow me to take it; and that is to state in three sentences the three main Amendments to be made, not to explain or defend or argue them, but to state them for the general information of the Committee.
§ Mr. CHURCHILLOn a point of Order. May I ask whether if the Attorney-General carries out his benevolent purpose it is perfectly clear that the repercussions of these Amendments on the general character of the Bill can be discussed by the Committee?
§ The CHAIRMANI am not quite certain whether the right hon. Member for Epping (Mr. Churchill) and I would agree on the same definition of the word" repercussions," but anything similar to 683 that stated by the Attorney-General will of course be in order. What I want to guard the Committee against is a discussion, on the merits of one particular Amendment, of the type which should take place when a particular Amendment is called. If the statement is made I shall do my best—and I hope hon. Members in all quarters of the House will give me the credit for trying to do my best [HON. MEMBERS:" Hear, hear "]—to allow hon. Members to make whatever consequential statements may be properly in order as a result of the statement made from the Government Bench.
§ The ATTORNEY-GENERALIf it is desired I will state in the briefest form the three main Amendments in order that the Committee may get a general impression of the Bill as a whole, if and when these Amendments are incorporated in it. The first is the Amendment to substitute what are called the" Appointing Trustees" for the Minister as the body which is to appoint the Board. That is the first main Amendment, and it requires a vast number of drafting Amendments to put it into the Bill. The second Amendment which it is proposed to make is that the jurisdiction over facilities and fares to be provided and charged by the Board shall be in the hands of the Railway Rates Tribunal instead of being left to the Minister of Transport. That again is an Amendment which requires I think scores of drafting Amendments for the insertion of the words" Railway Rates Tribunal" for the words" Minister of Transport."
The third main change in the Bill is to incorporate the arrangements which have been made, subject to the approval of the Committee and the House, with the Metropolitan Railway Company. Up to the time when the Bill left the Joint Select Committee the Metropolitan Railway Company was not prepared to come to an agreement as to the terms upon which their undertaking should he taken over. An agreement, subject to the approval of the House, has now been made, and to incorporate that agreement in the Bill makes a substantial change in some parts of its structure. When we come to the Amendments necessary to incorporate these changes there will be ample opportunity for their further explanation, or defence or attack. I hope 684 that I have kept my word that I would make no provocative or argumentative statement. There are no other changes in anything like the same class as these three. They are the three changes which, if accepted by the Committee, will be followed by a great deal of hard work by the Chair in the form of putting the drafting Amendments to which the Committee will readily assent because they are merely drafting. My task is done, and it is for the Committee to make such arguments as Mr. Chairman will allow on the statement I have submitted for their consideration. We shall be prepared to give a much fuller explanation when in the ordinary way he comes to the separate Amendments embodying these three changes.
§ Mr. SMITHERSIn regard to the third main change, can the Attorney-General say if the arrangements made with the Metropolitan Railway Company have received the consent of the shareholders of that company?
§ The CHAIRMANThat is certainly a question which should be postponed until we reach the Amendment.
§ 5.20 p.m.
§ Mr. REMERI think the Committee should accept the Minister's Motion to report Progress, especially after the very lucid speeches of the Attorney-General. It will be remembered that in October, When the House was discussing this Bill, that the Colonial Secretary. said that we should have the fullest opportunity for discussing it. In my view it is not carrying out that pledge for the Prime Minister to announce the suspension of the 11 o'clock Rule to-day and indicate that unless we go a long way we should sit late to-night.
§ The PARLIAMENTARY SECRETARY to the TREASURY (Captain Margesson)The Prime Minister never made any such statement. He said that it was not his intention to ask the House to sit late.