Clause 1. — (Purpose for Which Part 1 Powers Exercisable, and Duration of Powers.)

Part of Orders of the Day — Local Employment Bill – in the House of Commons at 12:00 am on 1 December 1959.

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Photo of Mr Reginald Maudling Mr Reginald Maudling , Barnet 12:00, 1 December 1959

The hon. and learned Gentleman has given his case away. He says that the Amendment does not compel one to use the powers in every case when they can be used. I am advised that that is the effect of the Amendment. Whether it is so, however, or not, what is the extent which he thinks would be the legally proper extent of using our powers if the Amendment were passed? The whole question in every case is the extent to which the powers are used, not whether they are used. If the Amendment were passed, on the hon. and learned Gentleman's interpretation we could presumably meet the requirements of the Bill by any small expenditure, however insignificant. Surely, that would make a meaningless jumble of an Act of Parliament.

I am advised that if we accepted the Amendment, which states that it is our duty to act and to use our powers, we would not be able to refuse any project that was put forward. We could be challenged in courts of law and it could be argued—I think I am well advised in these matters—that we could not sustain a defence against an accusation that we were afraid to use the powers which Parliament had told us to use. In those circumstances, how would we be able to refuse the claims of Birkenhead and other people? That is the point of the Amendment.

Hon. Members opposite think that the Government have failed to do something. Therefore, they think that by Act of Parliament, with the Amendment, we would be compelled to accept without discretion on our part propositions which are put forward and which they think are good ones but which we may not. Surely it must be quite wrong in the exercise of judgment in matters of this kind to say that it is a mandatory instruction to the Government to do a certain thing. Clearly it is the Government's general duty to promote employment in localities in England, Scotland and Wales where high and persistent unemployment exists or is threatened.