CLAUSE 15. — (Establishment of bank ruptcy and companies winding-up fees account and application thereof.) (Hansard, 20 April 1926)

§ Mr. A. V. ALEXANDER

I beg to move, in page 11, line 12, to leave out the word "may," and to insert instead thereof the word "shall."

1130 As the Committee will be aware, this Clause deals with the establishment of a. Bankruptcy and Companies Winding-up (Fees) Account, and power is given to defray expenses out of these fees, and all the remainder is to be paid into the Exchequer. In Sub-section (3) the word used is "may," and I propose to insert 1131 instead the word "shall." I do not want to argue this point at any length, but it is quite possible, and very probable, that hon. Members sitting on this side of the Committee will return to office. Therefore we are now thinking about the future, and we do not want to have any unnecessary Debates in regard to appropriations-in-aid. It is vital to the interests of the Board of Trade that, instead of leaving this optional power to the Treasury, it should he compulsory for the Treasury to reimburse the Board of 'Made for that amount, and not to leave it in the air so that the Treasury may, if it comes under the jurisdiction of a predatory Chancellor of the Exchequer such as we have at present, refuse to honour his obligations, scoop the whole pool and place the onus on the Board of Trade of coming to this House for the salaries and expenses in connection with this Fund.

§ The SOLICITOR- GENERAL (Sir Thomas Inskip)

The hon. Member for Hillsborough (Mr. A. V. Alexander) is not the first Member of Parliament who has wrestled with the respective merits of "may" and "shall," and I imagine he has often heard the answer, that sometimes "may" is the more appropriate word to use, and, sometimes "shall," because in that case the direction is intended to be mandatory. If he will look at Sub-section (2) of Clause 15, he will see that the word "shall" is there used: shall be paid. That is because the direction is mandatory and absolute, and all sums are to be paid into the new account which is created. When we come to Sub-section (3), it is intended that the Treasury shall have the power to pay these sums, and there "may" is the appropriate word. Any sums which are not provided for in Sub-section (3) of this Clause are provided for in Sub-section (4), to be dealt with as the Treasury shall direct. In that case the intention is carried out by the use of the word "may." The intention is that the Treasury shall pay such sums, but it does not follow that there will be any sum, for instance, under paragraph (b) of Sub-section (3). [Interruption.] I do not know whether the hon. Members who are so anxious to cheer the observations I am making fully understand the Clause or not, but, if so. I gather from their applause that 1132 they are in agreement with the observations I am offering, and, as the hon. Gentleman desired to be brief, I will be brief also, and will say no more on the matter.