I move that the Bill be now read a Second Time. The purpose of this Bill is to continue the Exchange Control Act, 1954, for a further four years.
Before the war, when sterling was freely convertible into any other currency, this country could at all times rely on using sterling so as to make payments or transfer money to any country. The restrictions on sterling transferability which have been in operation in varying degree since 1939 suspended this facility and made it necessary for us to control our payments to and receipts from non-sterling countries.
Exchange control was first operated under emergency legislation which was replaced in 1954 by the Exchange Control Act. The Act was expressed to expire on 31st December, 1958, as it was hoped that the need for exchange control would have ceased by that date. This expectation was not, however, realised and in 1958 power was given to extend control for a further period of four years to the end of the present year. On that occasion I expressed the hope that it would, meanwhile, be possible to abolish all exchange control, but unfortunately this cannot yet be done.
In general, the 1954 Act provides for the control of (a) payments to and payments on behalf of persons resident outside the sterling area; (b) dealings in gold and foreign exchange; (c) dealings in and the export and import of foreign currency securities and unregistered securities; (d) dealings in sterling area securities on behalf of persons resident outside the area; and (e) the export and import of currency notes.
It provides that goods may not be exported to a country outside the Sterling Area unless they are already paid for or are to be paid for within six months and in a manner appropriate to the country of import. It empowers the Minister to specify foreign currencies which must be sold to a bank. It also provides for the compulsory deposit of foreign currency securities and unregistered sterling securities. It has not been found necessary to bring these latter powers into operation since 1954, but it is desirable that they should be retained lest the need for them should again arise in the general context of exchange control.
General exemptions and permissions are given by way of Ministerial Regulations under the Act. By 1958, control had already been considerably relaxed and authority delegated to banks, stockbrokers, solicitors and authorised travel agents to deal with many classes of applications. Since then the procedure has been further considerably modified and wider authority has been delegated to banks, etc. At present foreign exchange facilities are available in full for all current, as distinct from capital, payments. Such supervision as is applied to non-capital transactions is directed towards ensuring that they are not used as a cover for unauthorised capital transfers and for this purpose there is in some cases a limit on the amount of foreign exchange facilities a bank or travel agent may make available, without reference to the Department of Finance.
For instance, the limit on the foreign exchange facilities that can be made available for holiday travel outside the sterling area is £250 per journey over and above the cost of travel tickets and of any reservation of hotel accommodation. If in any case this liberal allowance is considered to be inadequate, facilities in excess of that amount will be granted where there is no reason to suspect that an unauthorised transfer of capital is involved.
In effect, the only restrictions still maintained are those on capital transfers outside the sterling area. In general foreign exchange for investment purposes is made available only for direct, as distinct from portfolio, investment in approved projects such as those which are calculated to assist materially our export trade or otherwise improve our foreign earnings. Subject to this over-riding restriction, dealings in securities are freely permitted subject to compliance with certain rules of procedure.
There is no immediate prospect that sterling will become convertible on capital account. It is, therefore, necessary that the Act should be retained in full for an additional period. The Bill proposes a further period of four years, but I can assure Deputies and, I hope, with a better prospect of realisation than on the last occasion, that if sterling should become fully convertible at any time earlier, steps will be taken to abolish exchange control without delay. Membership of the European Economic Community would entail modification of the restriction applied to capital transactions. Any modifications necessary could, however, be effected within the framework of the Act which it is now proposed to continue.