HC Deb 11 June 1940 vol 361 cc1220-2

7.35 p.m.

The Attorney-General (Sir Donald Somervell)

I beg to move, in page 4, line 26, to leave out "statutory declaration," and to insert "statement in writing."

This and the subsequent Amendments relate to the Clause which sets up a special procedure and safeguards for powers of attorney which may be executed outside the United Kingdom by members of the Forces and by those to whom the Bill applies. The powers of attorney not so executed, that is, ordinary powers of attorney executed, do not have to go through this special procedure. It was realised that persons who are asked to act on powers of attorney which had not gone through the special procedure might require to be satisfied that they were not powers to which this Measure applies. Sub-section (3) of the Clause provided that a statutory declaration by a donee of a power would be accepted as conclusive, and would protect third parties. That contemplated a statutory declaration in addition to the document of the power itself. It was represented to us that it might be more convenient if the declaration were contained in the instrument itself. These Amendments, which go together, do not alter the Clause in substance, but provide that a declaration to this effect may be in the instrument itself and made by the donor; or it may be in a separate document, if that is the more convenient course. As we are not providing for a statutory declaration according to the legal definition, we propose to put in a new Sub-section in order to make the penalties which are applicable to false statements in statutory declarations applicable to any false statement in the statement for which the Amendments provide.

7.38 p.m.

Mr. Garro Jones (Aberdeen, North)

The right hon. and learned Gentleman stated, with reference to Sub-section (3), that he desired to allow declarations to be made in the power. I would like to ask why the Sub-section could not be drafted to say that the statutory declaration or statement contained in the power could allow of the power of attorney. The reason why I think that might be a better way of doing it is that we are seeking to impose on ordinary statements in writing penalties hitherto applicable only to statutory declarations, and it would be a pity unduly to extend them in that way. I should like the Attorney-General to look into this point.

7.39 p.m.

The Attorney-General

The hon. Gentleman is not quite right when he says that these penalties have been applied in the past only to statutory declarations. There is a general provision in the Perjury Act which says that a false statement in any document or instrument which is required to be made, or authorised to be made, by Statute carries equivalent penalties. We have altered the form really for the purpose of simplification. Obviously the simplest procedure is that the statement should be embodied in the power. Then you have one document instead of two. It would be rather awkward to provide for a statutory declaration being in the power. The hon. Gentleman is quite right in saying that when we contemplated a document outside the instrument we referred to it as a statement. That, again, was in order that the technical point might not be taken that, in form, it was not a declaration. I hope that no misapprehensions will arise in anybody's mind. Those who require powers of attorney will, of course, familiarise themselves with this Bill. Obviously a statement of this kind is one which of its very nature is of a solemn character in that it is intended for third parties to act upon. I do not think that anyone who puts these necessary words either into the instrument or a separate document could be under an illusion that he is not doing an important act in which accuracy is necessary. I think that in its present form it is quite satisfactory.

Amendment agreed to.

Further Amendments made:

In page 4, line 26, leave out "donee," and insert "donor."

In line 27, after "attorney," insert: (whether or not contained in the instrument creating the power). In line 30, at the end, insert: (4) For the purpose of the following enactments (which impose penalties for making false statements in a statutory declaration), namely—

  1. (a) Section five of the Perjury Act, 1911;
  2. (b) Section two of the False Oaths (Scotland) Act, 1933;
  3. (c) Section twenty-one of the Statutory Declarations Act, 1835;
any such statement as is mentioned in the last foregoing Sub-section shall be deemed to be a statutory declaration.—[The Attorney-General.] Clause, as amended, ordered to stand part of the Bill.

Clauses 4 to 8 ordered to stand part of the Bill.

Bill reported, with Amendments; as amended, considered; read the Third time, and passed, with Amendments.