New Clause. — (Amendments as to Applications for Street Trading Licences etc.)

Part of the debate – in the House of Commons at 12:00 am on 26 June 1962.

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Photo of Mr Richard Marsh Mr Richard Marsh , Greenwich 12:00, 26 June 1962

We cannot have it both ways. We cannot start by saying we should not introduce a new precedent and then, when a previous precedent is produced, say, "Yes, but we do not want to continue precedents which we find inconvenient". One can have it one way or the other but, in all decency, one cannot have it both ways at the same time. If there is a precedent in 1935 for the procedure suggested here, then the argument based on precedent goes. This is not, in fact, creating a new precedent.

Is it desirable that Parliament should do what is proposed here? Clearly, everyone, whatever his interest, wants his rights to be protected as much as possible but, subject to constitutional convention—and if the precedent is already established there is no constitutional convention to break—the supremacy of Parliament in doing what it will must be defended. One cannot accept that, because the London County Council objects to Parliament doing something which the London County Council find unpleasant or inconvenient, Parliament, if convinced that a change is desirable, has no right to make it. Any hon. Member may object, but whether other people like it or not is neither here nor there. For about 900 years Parliament has had the final say in these matters, and I hope that it will go on in that way for the next 900 years. It has worked very well so far. Perhaps that is not a very radical reason for supporting an argument, but I hope that it carries some weight.

I submit that what is suggested here does not introduce a new precedent, because there is already ample precedent for the promoters of a Private Bill being forced to accept something which they dislike. Secondly, even if the promoters of a Private Bill themselves wish to withdraw a Clause, having come to the conclusion that it no longer suits their interests and they no longer wish to be associated with it, they can withdraw it even then only by permission of the Committee. They have no right to carve up a Bill. They can withdraw the Bill in toto if they wish, but, while the Bill is in Committee, they can withdraw parts of it only with the permission of the Committee. There is, I suggest, ample precedent for the promoters of a private Bill being forced to accept provisions which they find undesirable.