HC Deb 02 April 1930 vol 237 cc1357-8
The ATTORNEY-GENERAL (Sir William Jowitt)

I beg to move, in page 9, line 33, after the word "not," to insert the words "unless the terms of the contract otherwise provide."

There will be, I think, no opposition to this Amendment. It is really one which we are inserting in order to meet the point which was made on the Committee stage by the hon. and learned Member for Rusholme (Sir B. Merriman). The question arose on clause 4 (1), and he asked me to consider the case where a contract had been made in contemplation of some legislation of this sort and there had consequently been inserted a clause in the contract that if any legislation was to be passed curtailing production the contract either entirely or to some extent was to be voided. The hon. and learned Gentleman asked me whether, in my opinion, the contract would prevail over the terms of this sub-section. I stated that my opinion then was, as it now is, that the Sub-section would not prevent the free operation of the contract, but the point is one of importance, and it is clearly desirable to remove any ambiguity that there may be. Consequently, we have thought it desirable to meet the point by putting in words to make it perfectly clear that the scheme of the Bill is to leave absolutely untouched, and uninterfered with, the provisions of the contract.

Sir BOYD MERRIMAN

I am much obliged for the hon. and learned Member's explanation, and I agree with his views.

Amendment agreed to.