Import Regulations Invalid

Press, Volume LXXV, Issue 22717, 23 May 1939, Page 8

Import Regulations Invalid

The situation created by Mr Justice Caban's decision that the import regulations are invalid ought (o be clarified as rapidly as possible. The Prime Minister has made two short statements. The first was to the effect that the Government would do whatever was necessary “ to rectify ‘‘the position" as soon as Parliament meets. More courses than one might bo taken to this end; but the Prime Minister's second statement is more precise. Asked whether the elicct of the decision was that importers were now free to import without licence, he said that tnc judgment would be studied by the Crown law officers; that they would advise whether the judgment should he tested in the Appeal Court or not; and that if it were so tested and were upheld, the Government would then legislate to give effect to its policy. He advised importers, therefore, against resuming their apparent freedom, if they wanted to save themselves ” disappointment and avoidable financial ‘‘loss,” It is reasonably clear, then, that the Government intends to proceed along the line where it has been checked-—not to adopt alternative measures, hut to restore the system of control now in legal collapse. It should be said, however, that an impromptu reply to an interviewer's question, without sight and study of the judgment, is insufficient. The Prime Minister should lose no time in informing himself fully and should then make a full and forma! statement. Second, such a reply is not the medium in which such a threat should he conveyed as appears in the Prime Ministers reference to “ avoidable financial loss." It is difficult not to read this as an intimation that, if importers should rely on the judgment of the Supreme Court and return to the normal, unrestricted process of their business, the Government will legislate retroactively, refusing entry to consignments so ordered or otherwise penalising the eonsigr.ee. Since the judgment may be assumed to take instant effect and the regulations to cease to operate, the importer must he guid, d by what he can learn of the Government's intentions. He may take it that the Government intends to reimposc the control system, but is entitled to a more complete statement on the subject. He has a hint that the Government may treat him severely, if he thinks he is free, again, to buy as he pleases; but if this is the Government's intention, it should be otherwise expressed. The Prims Minister cannot yet have collected his thoughts. When he has done so, it will perhaps occur to him that the importers are not responsible for this difficult position, but that the Government is; and he will realise that a candid and considerate approach to them is the best approach to a solution of the immediate problem.