Clause 1. — (Repeal of Obsolete etc. Enactments.)

Part of STATUTE LAW REVISION (SCOTLAND) BILL [Lords] – in the House of Commons at 12:00 am on 24 July 1964.

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Photo of Mr Gilbert Mitchison Mr Gilbert Mitchison , Kettering 12:00, 24 July 1964

I understood that the language of this place was English and that we were in very doubtful order indeed if we started using foreign languages. In those circumstances, it seems to me that I am in considerable difficulty, because if I read out any of the titles of these Acts I should produce things which were no doubt well understood in the Scottish Office but which were not always quite clear to English Members such as myself.

If the Under-Secretary of State for Scotland will look at page 14 he will find, under 1424, chapter 25, Of hostilaris in burowis townis and thruchfaris". I have done it all except the word "hostilaris". This is to be called The Innkeepers Act, and it is equally consistent with a reference to hostelries or ostlers. Since they obviously know these things in the Scottish Office, would the Minister tell us whether "hostilaris" are hostelries or ostlers?

I ask him that by way of illustration of the difficulty into which he is putting English Members, but it is, in fact, worse than that. I am referring to the Acts which are staying and which are being equipped with a short title with the perverse object of giving them a longer life. There is a fine collection of Hornings Acts. I think that English Members ought to be told what Hornings is, since they may not know, although I have my own suspicions.

May I also ask about the Interruptions Act? What is the relation of the Interruptions Act to the Vitious Intro-mitters Act? What is the difference between an interrupter and a vitious in-tromitter? Do they deal with more or less the same subject, and do they relate to Parliamentary procedure? I notice that they are being preserved with great care and equipped with short titles. In fact, in a rather odd spelling, the Vitious Intromitters constitutes a short title.

I do not want to carry this kind of thing too far, but what is the function which we are supposed to perform today? This Bill has been sent to us by a Committee of learned men. Indeed, it may have been submitted to a joint Committee of both Houses. We are presented with a remarkable collection of unintelligible Statutes in a foreign language. Cannot we have a translation if we are asked to do anything serious about it? If we are not asked to do anything serious about it, is it not possible for the House as a whole to look at the procedure and to see that it is doing what is required of it?

I give these illustrations, but I am serious on the main point. We have previously had these things before us, particularly from Scotland, where they seem to specialise in weird Acts dating from before the Union. I do not see why, just because we, the English, have been united with the Scots, we should have to spend so much time digging up their graveyards, preserving some of their dead Statutes with new titles and pushing aside others as spent. I cannot believe that all the Hornings Acts are really necessary still.