HC Deb 04 February 1944 vol 396 c1545
Mr. Tomlinson

I beg to move, in page 6, line 29, to leave out "other," and to insert "lower."

This Amendment is designed to carry out the Minister's promise made in Committee to find a way to ensure that, if any alteration were made in the number of employees that would bring an employer within the terms of Clause 9, such alteration would be downwards and not upwards. This Amendment secures that object and makes it clear.

Amendment agreed to.

The Attorney-General (Sir Donald Somervell)

I beg to move, in page 7, line 38, to leave out "and"

This and the next Amendment meet a point which was made by the hon. and gallant Member for Daventry (Major Manningham-Buller) on the Committee stage. He was afraid that under the Bill as drafted, proceedings might start with a certificate being waved in the face of the court and a person saying, "Here we have a fellow who has been before the committee and they think he ought to come here." That might be rather unfair to a dependent, so we have introduced words to say that the fact that he has been before a committee need not be referred to by anybody. If he chooses to raise the question himself, and challenge the prosecution, then proof can be given. It is not a point of importance. The Amendment completely meets the suggestion which was made and which, I thought, had something in it.

Amendment agreed to.

Further Amendment made:

In line 38, after "prosecution," insert: it shall not be necessary to prove compliance with the preceding provisions of this Subsection unless the defendant so requires, and if he so requires.