Orders of the Day — Clause 1. — (Sunday Opening of Exhibi- Tions and Gardens.)

Part of the debate – in the House of Commons at 12:00 am on 7 December 1950.

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Photo of Mr Hartley Shawcross Mr Hartley Shawcross , St Helens 12:00, 7 December 1950

In that case I hope that it will not be pressed to a Division. I believe that in the Tea Room there is a plan of the layout of the Pleasure Gardens which is open for inspection by Members. If they look at it, they will find that there is not really any objection to this proposal. This is not the kind of thing one finds in a fun fair, with dark corners where odd things may or may not happen. This is really to be quite a feature of the Festival Gardens as a whole. Here, again, I am sure that the matter could be dealt with under the ordinary law and under this Bill. The reason for the Amendment is that we do not want to be involved in litigation throughout the Festival.

This feature would be perfectly legal under the ordinary law and under the special provisions of this Bill. It is not a showground feature. If the Amendment is defeated, we shall be in the odd position that although the law clearly permits it, and in addition this Bill clearly permits it, the Lord President of the Council will have to use his administrative discretion, which is rather a heavy burden, though I know he will bear it to the best of his ability. To forbid something which the law and this Bill allow would be a very odd state of affairs.

The tree walk is not in any way a stunt. It is really quite a novel and unusual feature. It will be a walk on boards, not underneath the trees but at the level of the first branches. It will be quite effective and pretty. I cannot see that it will be a source of any great immorality or of any tendency towards irreligion. The grotto is to be in the traditional form of a grotto. As my hon. Friend the Member for Oldham, West (Mr. Leslie Hale), has said, it is to be provided as a direct link with the 1851 Exhibition. There is to be no music in it and probably no charge for admission. I venture to think, and I believe that here I have on my side—I would not express this view about it otherwise—the opinion of those who took the other view about the Sunday opening of the fun fair as a whole, that this feature does not come within the category of a fun fair feature.

It is undoubtedly legal under the present law. If Battersea Park resumes its old character as Battersea Park after the Festival, this feature may remain there and be open on Sunday without question. Apart from the ordinary law, this Bill, in its existing terms, again legalises it in Clause I (1, b). We desire the Amendment for the reason I have already explained to the House. I am not very much concerned about it because this is not one of the matters about which I think there is any legal doubt. The Members who put down the Amendment did so because they want to be sure that we have not to go to the extent of fighting actions brought by common informers in regard to this Festival. We shall be exposed to common informer actions from a nuisance point of view, even if there is little prospect of any penalties being obtained, and we wish as far as possible to clear away all doubts of anyone who may have an excessively technical approach. I consider that there is no doubt about the matter, that this is legal under the ordinary law, and is re-legalised, if I may so put it, by the express permission for the opening of the Festival Gardens.