NEW DESPOTISM

Evening Post, Volume CXVIII, Issue 114, 10 November 1934, Page 16

NEW DESPOTISM

RULE BY DEPARTMENTS

REGULATIONS IN ENGLAND

LAWYER'S ATTACK

Not since' Lord Hewart's attack on bureaucratic usurpation in his book "The New Despotism" has that topic been more vigorously dealt with in public than it was in a paper read at the provincial meeting of the British Law Society at Newcastle-on-Tyno by Mr. "W. MeKcag.

His criticism acquired added force from tho fact that Mr. McKeag is both a member.of.Parliament and a solicitor. Though tho passing of a resolution, was barred by the rules of the meeting, the speaker's remarks appeared to be generally endorsed.

A suggestion by tho president (Mr. H. Eowsall Blaker), in his introductory address, that the only practical method of speeding up litigation is to appoint more Judges, had also the obvious approval of the gathering. "In my view we are suffering from an acute form of legislative indigestion," Mr. McKoag declared, speaking on the evils of legislation by regulation. 'It was a condition, he said, which was rapidly becoming chronic and would, unless, given a very salutary check, result in grave and irreparable damage. Tho most disturbing aspect was the extent to which they we're delegating to Government departments those legislative powers which should be exercised by Parliament alone. "I have had' exceptional opportunities in my dual role as a practising solicitor and as an/M.P.," he proceeded, "of observing the growing tendency of the department to filch' legislative power whenever opportunity presents it■self. , "A CONSPIRACY." '•I do not. think that there can be any doubt but' that there is a conspiracy on the part of highly-placed Government officials in Whitehall to usurp tho legislative functions of Parliament and to oust the jurisdiction of the.Courts. ;•. ''It is none the less gr.ave a position because the conspiracy is in all probability' tacit, rather than plotted, and the danger is .--.none'-* the leas real because, the niotives actuating those officials are ■of the' most high-minded and publicspirited .character. '~ ' ~ V • ' <( There is, indeed, X think a deepseated but perfectly honest official conviction that the best and most scientific method of- ruling the .country is by departmental edict:"without /interference Or circumscription by Parliament .and unassailable: in •the.. Courts," ; _ 'Mr. McKeag referred to iiord Hewart'sbook, "The New Despotism/ and other statements :on the subject, and added:."ln face of all this and of all the overwhelming v mass \of evidence that could be quoted, can it any longer be doubted that we are faced with nothing more or less than a constitutional crisis? ■'■•,■ ■ "The abrogation- of the Bute of_ Law andthe sovereignty ,of Parliament is being rapidly brought about by .piecemeal and subterranean methods. . . -"The whole system. ,of government is " being, undermined in a - way1 which the public would not tolerate if it. were <eognisimt of^it. At,the moment, however, it; is clearly , escaping general notice, and, unless checked, will con- ■; tinue to escape notice until the; mischief has been carried .to completion. ' ,■ ■".■We.in this,country are fast creating: i'-retrograde ; system, whereby the' administration—the Government department—is; being placed- above, the lawin a.way which constitutes a real threat to our ''cherished rights'and liberties./' VJ>";-.; ;IN SKELETON; POEM. / .' The practice, was growing .'of passing Acts .of Parliament in more or less skeleton form arid conferring wide powers on the departments concerned,-to fill in the gaps by making regulations. r,'---"lam quite sure that Parliament as a/whole does not appreciate the enormity of :the thing that it is doing, and in .any case there are manyM.P.:'s who are ■far.too: quiescent iri-their acceptance ot the departmental p^qint,of ,view." .' : After referring, to" what he described as. the 'fHenry the Eighth type of clause,'' Mr. ■ McKeag ;Commented: It is, difficult indeed to conceive that these powers had had any parallel since the -powers given' to, Henry the Eighth by his: obsequious gang of 'Yes men.. , ' '-He said that there was no proper or clear classification of "the heterogeneous conglomeration" of regulations, rules, and orders which were in force • todayi and: the? nomenclature used was of the most confused and diverse charncter, "even -for. describing the sanic thing.''- ■,' ' ■■•:'/ ;'::: •. ■'■','■ -,• . : There were also different methods of securing for orders the force of law. ■"The iniquities of D.0.X.A., excusjvbie though* they might have been, in time of war,, are being perpetrated in another form without the slightest'reason for necessity.- i ■ . ' : , "It-is an essential ingredient or good law that. it should k>e 'certain,: but what certitude is there about the great bulk 'of the law today? There can bo no question that the task, of finding the law is being rendered inordinately difficult by 'this systenuof legislating by regulation. ! v; POLICE MISTAKEN. ' Then again, there is the uncertainty created by giving the Minister power to decide that different parts of an Act shall come- into operation jon different ' dates This'leads, to'considerable confusion. Indeed, places have been known where the police have actually instituted prosecutions in the belief that certain sections of an Act have come into operation, only to discover later that they were mistaken. "It'is the first and most fundamental principle of natural justice that a man nay not.bo a judge in his own cause, but the judicial and quasi-judicial powers conferred upon departments now enables the bureaucrat to fill tho threefold role of legislator, administrator and -nidge. Too often he is not only both suitor and judge, but a judge who, "^StyUiing bo more ludicrous? Grave hardships are being inflicted by thta evil system, and justice is too often being burlced by the ipsc dixit of some GovernfKSFon against the "exaggerated exK»"e desire tc..legislate about anyinsatiable appetite, to control other people's affairs. . . p nr . P "Above.all, the sovereignty otl»r Jiament and the supremacy or the lan should be maintained at all cost-,.