Orders of the Day — Shop Hours.

Part of the debate – in the House of Commons at on 24 January 1940.

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Photo of Mr Osbert Peake Mr Osbert Peake , Leeds North

I will certainly obtain whatever information is available on that point. As regards the main point which has been repeated by the right hon. Gentleman the Member for Hillsborough (Mr. Alexander), his principal complaint was that the Home Secretary had announced that at some date before Easter he was going to revoke the Defence of the Realm Regulation No. 60A which came into operation on the 30th October, and the closing hours for shops would revert to those in operation before the Defence Regulation was made. The reason given for that by my right hon. Friend was that the Defence Regulation was made under the Emergency Powers Act which was passed on the outbreak of war and every Regulation and Order made under that Act had to be made with the more effective prosecution of the war as its object. My right hon. Friend told the House that he had been advised —and for the information of the hon. Member for Clayton, I may say that he has been advised by the Law Officers of the Crown on this point—that if he were to continue the operation of this early closing Order for shops after the time when it is made necessary by the blackout, then that Defence Regulation might well be open to challenge in the Courts.

I think it is perfectly clear that the whole reason for this early closing Order, Defence Regulation No. 60A was the introduction of the black-out on the outbreak of war. In fact, the original demand for this Regulation came from the right hon. Gentleman the Member for Hillsborough himself, for it was he who on the 7th September last year put a Question to the Home Secretary in these terms: He asked the Minister for Home Security whether he will take into immediate consideration the issue of an order with regard to the hours of shop closing, so as to ensure unanimity of practice in relation to blackout precautions and to provide the maximum of safety for employés and customers?"—[OFFICIAL REPORT, 7th September, 1939; col. 577, Vol. 351] It was quite clear that it was in the right hon. Gentleman's mind, as it has been in the minds of other hon. Members who have spoken this evening, that the black-out was the origin of the early closing Order for shops which is in operation at present. My right hon. Friend is perfectly certain that it would be open to challenge in the courts if he were to continue the operation of this Order. Therefore, on that and other grounds, he has come to the conclusion that the right course to take is to revoke the Order when the hours of daylight permit shop assistants to get to their homes during daylight.

The other principal point raised was as to the regulation of the hours of shop assistants. I think it is clear that that is a subject which is near to the hearts of a great many hon. Members, but it is not a subject which can be properly discussed on the Adjournment, for it would necessitate new legislation. The right hon. Gentleman the Member for Hillsborough spoke of the necessity of providing decent conditions for trade union workers. The Government are ready at all times to assist in that object, but they cannot make use of a Regulation passed in connection with the more effective prosecution of the war for bringing about new social reforms.

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