On the procedure to be followed under this section, the Minister told us yesterday that there would be a list prepared for review by the United Kingdom Government, and that this would be the first review undertaken by the Prices Commission, the object being, I take it, that they would get on speedily with the work. For the sake of argument, I would like to know from the Minister what the position of a United Kingdom manufacturer who appealed to the Prices Commission, without the intervention of the British Government, and asked for a review would be. Would he be referred back to his own Government, or would his application be put at the tail end of the list? Would the Minister tell us what procedure would be adopted in a case like that? I think the Minister explained to us most of the procedure yesterday. He told us, of course, that this Bill and this review would not prevent the ordinary imposition of tariffs if and when they were considered necessary by his Department.
Prices Commission (Extension of Functions) Bill, 1938—Committee and Final Stages.
Nobody has the right to ask the Prices Commission to undertake a review except the Minister for Industry and Commerce. The Bill confers on him, and on him only, this right to ask the Prices Commission to review, and the Prices Commission will not undertake a review except requested to do so by the Minister for Industry and Commerce.
Perhaps I have not properly explained what I meant. I meant that the request would be made via the Minister, because of course I understand that nobody can appear in person before the Prices Commission and cut out the Minister for Industry and Commerce and his Department. In order to understand the procedure, I should like to put to the Minister the hypothetical case of an English manufacturer who asked the Minister or his Department to forward a request to the Prices Commission. Is that procedure closed? That is what I want to understand.
Not necessarily, of course, because the Minister for Industry and Commerce can ask the Prices Commission to undertake a review on anybody's suggestion or on his own initiative. What the Agreement provides for is that the review referred to in Article 8 will be held by the Prices Commission first upon classes of goods for which the Government of the United Kingdom request early consideration. If, therefore, we receive a request from the Government of the United Kingdom that early consideration should be given to the duties upon specific articles, then those articles will be the first reviewed by the Prices Commission, and any other review will take second place.
Then am I to understand that if such a request were made —it is merely a hypothetical case; it is very unlikely—the Minister could order an investigation, but he would refer the outside manufacturer back to his own Government?
That is extremely probable.
There is one matter which I think might with advantage be clarified. I know the Minister has on more than one occasion tried to make the position clear, but I am not satisfied that the country has got the hang of the situation yet. One of the objects in expediting the passage of these Bills is to restore trading normalcy at the earliest possible moment, because a lot of people held up orders pending the result of the negotiations and the publication of the Agreement. So far as I am aware, there is still a considerable hold-up going on, because the public have somehow got it into their heads that with the completion of this legislation which we are now considering there will be large variations in existing tariffs, and very drastic adjustments. I think I am right in saying that as a matter of fact all the actual adjustments which will immediately take effect are in the Schedules to the next Bill. It is true that, in so far as the quotaed articles are concerne, ultimately those quotas will come off, but in each case when the quota comes off its place will be taken by a rate of duty substantially higher than the rate of duty at present existing, in all probability, and that therefore any person who ordinarily deals in the commodities which are now quotaed might with perfect safety purchase normal supplies of any of those commodities without having any apprehension that there would be a substantial influx of the quotaed commodity at a price substantially lower than he paid for it on purchasing it now. I think it would be very valuable if the Minister would make that function of the Prices Commission clear now, and explain that it will take time for this Prices Commission to review the case of each quotaed article, and that there is no reasonable ground for stopping trading in those articles in the anticipation of an early decision by the Prices Commission which would completely upset the existing price for the articles at present subject to quota.
What the Deputy says, of course, is quite correct. The immediate changes which become effective upon the completion of the Agreement are comparatively minor in character, and they are in any event stated clearly in the Schedule to the Bill. In so far as goods that are subject to quota restrictions are concerned, there will be no change at all when the Agreement comes into operation. A change can be contemplated in the future, however. The Agreement does provide for the substitution of customs duties for those quotas. What the rates of customs duties will be cannot be determined now. They will be determined following the investigation by the Prices Commission. I do not know if it is the intention of the British Government to ask that early consideration should be given to goods which are subject to quota restrictions. Perhaps they will, and perhaps they will not. In any event, the procedure is as follows: First of all the Agreement comes into operation. Secondly, a request is received from the British Government that certain reviews should be undertaken. That matter is referred to the Prices Commission, which will carry out those reviews. There will be public sessions, public giving of evidence, examination of all relevant factors and details by the commission, and a report. On that report we will act, but it is necessary to keep in mind that public convenience is often served by delaying action of that kind for some time. Although we are morally bound to act as expeditiously as possible upon the recommendation of the Prices Commission, we could, of course, give due regard to the dislocation or losses that might be caused by any sudden change in the conditions under which trading or importing might take place. It is, therefore, to be contemplated that quite a considerable time will elapse before any substantial number of changes is likely to take place. As the Deputy said, traders and others who are deferring the making of purchases in anticipation of changes occurring immediately the Agreement is brought into operation are unwise, because no such change will occur, and in fact no change can occur until there has been a review by the Prices Commission, to which adequate, publicity will be given in the Press, because there will be those public sessions held. Even following those reviews, attention will have to be given to the circumstances of the time in which the change will be made, so as to minimise any difficulties that might arise therefrom.
I understood the Minister to say that the procedure would be that applications would be received from the British Government for review, and that then a review would take place. Does that conform to Article 8? As I read Article 8 it states:
The Government of Eire undertake that a review shall be made as soon as practicable by the Prices Commission of existing protective duties and other import restrictions,
and it goes on to say that those duties and import restrictions will be supplanted by certain other duties.
Quite.
I understood, therefore, that the initiative need not be taken by the British Government in regard to quotas; that the Irish Government undertakes to review every existing quota except those specifically mentioned in the Schedule for exclusion and undertakes itself to move the Prices Commission to name an equitable duty to take the place of the existing quota.
That is quite correct, but we must assume that, when the British Government desired that Article 12 should be put in—that is the Article which provides that the first reviews will be in respect of goods for which the United Kingdom Government request early consideration—it was their intention to do as stated there, that is to request that early consideration will be given to certainly articles. It is upon that assumption I have been speaking. If in fact no request is received from them, then nevertheless under Article 8 we are bound to make the review.
In connection with this point, Sir, I think we are more or less drifting into discussing the next Bill, but it might possibly shorten the First Schedule in the next Bill. I wanted to ask the Minister to take, for instance, the First schedule to the next Bills.
Perhaps the Deputy would wait till we have that Bill, because the discussion would be rather unreal if it were to extend over the two Bills.
Very well, sir.