Results 1–20 of 1953 for speaker:Mr Jocelyn Simon

Foreign Compensation (MR. Von Preussen) (19 Oct 1961)

Mr Jocelyn Simon: The Solicitor-General (Sir Jocelyn Simon) indicated dissent.

Foreign Compensation (MR. Von Preussen) (19 Oct 1961)

Mr Jocelyn Simon: I shook my head because that is the relevant date under the Order. It is the relevant date, because that was the date of nationalisation.

Foreign Compensation (MR. Von Preussen) (19 Oct 1961)

Mr Jocelyn Simon: This House is traditionally and rightly solicitous of the acquired rights of any citizen. It is also equally anxious that other people should not be unjustly prejudiced in the claims which they are enabled to put forward with the approbation of this House. From the debate it is clear that there are two issues. One has been principally canvassed, but the other has also been raised. The first...

Foreign Compensation (MR. Von Preussen) (19 Oct 1961)

Mr Jocelyn Simon: I hope that my hon. and learned Friend will excuse me, because I have very little time.

Foreign Compensation (MR. Von Preussen) (19 Oct 1961)

Mr Jocelyn Simon: That is true. As I said, the first point is that the property was nationalised before the date of his naturalisation, and of course it is on that that his principal costs have been incurred—the costs of discovering what the position was in Poland. But the provisional adjudication of the tribunal on this was that the date of nationalisation was a year before he was naturalised.

Foreign Compensation (MR. Von Preussen) (19 Oct 1961)

Mr Jocelyn Simon: The review may say that it is not true, but as far as I know it is not now seriously contended that his property was nationalised after the date. There is a definition in the agreement as to what is the relevant date. Secondly, he put forward an argument that he was a British subject not only by virtue of the 1705 Act but also by virtue of his certificate of naturalisation. On 9th February...

Foreign Compensation (MR. Von Preussen) (19 Oct 1961)

Mr Jocelyn Simon: I am giving my hon. Friend and the House some facts. He should not be excited merely because I present him with some facts. The point about the review is that there is no appeal; it is final. That is the answer to the hon. Member for Devon, North (Mr. Thorpe). It is not a question of interfering with a legal process or a legal remedy. If the review upholds this claim, there is an immediate...

Clause 2. — (Grant and Renewal Di. Licences for Restaurants, Guest Houses, etc.) (28 Jul 1961)

Mr Jocelyn Simon: I beg to move, That this House doth agree with the Lords in the said Amendment. The background to the Amendment is this. In the debate in this House on what is now Clause 28, which gives fire authorities certain rights of inspection in connection with an application by a club for a registration certificate, the question was raised, I think by both the right hon. and learned Member for...

Clause 2. — (Grant and Renewal Di. Licences for Restaurants, Guest Houses, etc.) (28 Jul 1961)

Mr Jocelyn Simon: I should have pointed out that it does follow a suggestion made by the hon. Member for Islington, East. I should have paid a tribute to the hon. Member. I should also have pointed out that it goes a little beyond it, because it extends to a police authority and a local authority.

Clause 5. — (Permitted Hours for Licensed Premises and Clubs Generally.) (28 Jul 1961)

Mr Jocelyn Simon: I beg to move, That this House doth agree with the Lords in the said Amendment. The effect of this Amendment and the one to follow is to make the provision about off-licence hours a separate subsection of Clause 5. Their purpose is to provide some flexibility as regards the bringing of the Act into operation by Order of the Secretary of State under Clause 32 (5). It is contemplated that...

Clause 5. — (Permitted Hours for Licensed Premises and Clubs Generally.) (28 Jul 1961)

Mr Jocelyn Simon: I hope that I may be able to clarify and expand what my right hon. Friend has said. The intention, as at present envisaged, is that the permitted hours provisions will be brought in before the next brewster sessions; that is to say, next February or March. The provisions as to off-licence hours may be brought in earlier. The provisions as to clubs will probably be later in order to give the...

Clause 5. — (Permitted Hours for Licensed Premises and Clubs Generally.) (28 Jul 1961)

Mr Jocelyn Simon: I beg to move, That this House doth agree with the Lords in the said Amendment. The Amendment relates to permitted hours in registered clubs, and it is therefore consequential on an Amendment which was accepted on Report stage in this House which made the Sunday closing hour 10.30 p.m. instead of 10 o'clock, and thereby gave licenced premises three and a half hours in the evening. The...

Clause 7. — (Operation of Provisions as to Permitted Hours.) (28 Jul 1961)

Mr Jocelyn Simon: I beg to move, That this House doth agree with the Lords in the said Amendment. It might be for the convenience of the House if we discussed this Amendment with the Amendment in page 17, line 10, and the Amendment to the Ninth Schedule, in page 76, line 41, col. 3.

Clause 7. — (Operation of Provisions as to Permitted Hours.) (28 Jul 1961)

Mr Jocelyn Simon: Clause 7 (5) increases from £30 to £100 the fine for an offence against Section 100 of the Licensing Act, 1953, and that is the Section relating to breaches of permitted hours. The penalty for such an offence committed in a seamen's canteen is fixed by Section 7 (6) of the Licensing (Seamen's Canteens) Act, 1954, and is £30; in other words, the same as we find in the 1953 Act. It is...

New Clause A. — (Extended Hours in Restaurants, etc. Providing Entertainment.) (28 Jul 1961)

Mr Jocelyn Simon: I do not know if the right hon. Member for South Shields (Mr. Ede) would like me to deal briefly with the question of appeal.

New Clause A. — (Extended Hours in Restaurants, etc. Providing Entertainment.) (28 Jul 1961)

Mr Jocelyn Simon: The new Clause is linked to Section 104 of the 1953 Act and under that Act there is no appeal to quarter sessions. The reason is that we are here concerned with an order rather than the grant of a licence. However, if the licensing justices give an erroneous decision on a point of law, the matter is reviewable in the divisional court by use of one of the prerogative writs. The same answer...

Clause 16. — (Miscellaneous Amendments as to Grant of Licences, Proceedings and Fees.) (28 Jul 1961)

Mr Jocelyn Simon: I beg to move, That this House doth agree with the Lords in the said Amendment. The Amendment has the effect of allowing an ordinary removal of a justices' licence from existing premises to any other premises, however far away and in whatever county they may be, subject to the approval of the justices in the receiving area. At present the law recognises two sorts of removal of a licence. The...

New Clause C. — (Licensing Justices.) (28 Jul 1961)

Mr Jocelyn Simon: I beg to move, That this House doth agree with the Lords in the said Amendment. This new Clause relates to a matter which we discussed a great deal both during the Committee stage and on Report. It arises out of a very awkward situation which came to the notice of the courts, where, in Barnsley, all the licensing justices were members of a co-operative society. It was, therefore, found...

Clause 27. — (Inspection of Premises Before First Registration.) (28 Jul 1961)

Mr Jocelyn Simon: I beg to move, That this House doth agree with the Lords in the said Amendment. Perhaps it would be convenient to discuss with this Amendment those in line 25, to leave out from "and" to "shall" in line 26, and to insert: a constable authorised in writing by the chief officer of police and in line 27, at the end, to insert: but a chief officer of police shall not so authorise a constable...

Clause 27. — (Inspection of Premises Before First Registration.) (28 Jul 1961)

Mr Jocelyn Simon: These Amendments were tabled by the Government in another place in response to an undertaking which I gave to do something on these lines. I said, I think with the general approbation of the House, that it was clear that the consensus of opinion of hon. Members on the Report was that we should limit the police right of inspection. The effect of the Amendments is to allow inspection by the...


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