CROWN PROCEEDINGS BILL [Lords] – in the House of Commons at 12:00 am on 11 July 1947.
Mr Harry Morris
, Sheffield Central
I beg to move, in page 10, line 10, to leave out "forty-seven," and to insert "forty-six."
The effect of this Amendment is so clear that I do not think I need say any more about it.
Mr Hartley Shawcross
, St Helens
The purpose of the Amendment is to ante-date the operation of Part I of the Bill to February, 1946. I am afraid we cannot accept that proposal. I have no doubt that the hon. and learned Gentleman has based his Amendment upon the fact that a decision in the case of Adams v.Naylor was given, not in February, but in the early part of 1946, and that, therefore, as from that date, certain proceedings against Crown servants should no longer be taken. For that reason, the hon. and learned Gentleman would wish us to ante-date the provisions of this Bill to the time when that became the case.
Since the decision in the case of Adams v.Naylor was announced in the House of Lords, we set up a form of machinery whereby any claims which might previously have been made the subject of action at law might be made subject to arbitration. A number of claims have, in fact, since that date, been made the subject of the arbitration machinery to the satisfaction of everybody concerned. It would be wholly wrong, in my view, to place those who tarried in putting forward their claims in a more favourable position, because it is a more favourable position, by giving them action at law, than those who decided to take advantage of the arbitration machinery and whose claims are now being dealt with in that way. This Bill provides that equality of treatment in respect of all those cases which arose after the Adams vNaylor decision and before the introduction of the Bill. We have to fix a date somewhere and we thought the right date was the date when the Bill was introduced.
Mr Harry Morris
, Sheffield Central
I quite agree with the answer given by the learned Attorney-General, but I would put one question to him. Did all those people who had the right to make claims know of the possibility of the arbitration machinery
Mr Hartley Shawcross
, St Helens
In any case where a claim was submitted they certainly knew of that matter, and, if a claim was put forward, the individual concerned would be acquainted with it. The arbitration procedure is well in hand and is being used, and much publicity was given to it at the time. I was asked a Question about it in this House, and the matter was also mentioned in Another place.
Mr Sydney Allen
, Crewe
I think that all the people concerned were well aware of that provision.
Mr Harry Morris
, Sheffield Central
In those circumstances, I beg to ask leave to withdraw the Amendment.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.
The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.
During a debate members of the House of Commons traditionally refer to the House of Lords as 'another place' or 'the other place'.
Peers return the gesture when they speak of the Commons in the same way.
This arcane form of address is something the Labour Government has been reviewing as part of its programme to modernise the Houses of Parliament.
