HC Deb 05 December 1946 vol 431 cc537-8
Lieut.-Commander Braithwaite:

I beg to move, in page 13, line 18, after "thereof," to insert "which."

May I ask your permission, Major Milner, to speak on this Amendment and also the next Amendment, namely, in line 18, after "not," insert "is intended to be effective.'' These two Amendments deal with the matter of intent. The hon. and learned Gentleman will recall that yesterday we had an Amendment to an earlier Clause of a somewhat similar nature. Subsection (2), as drafted, provides that a person shall be deemed to transfer his security even if the instrument which he executes is ineffective. This Amendment is designed simply to ensure that it applies only to an action where there was guilty intent, and where it was the definite intention of the executor of the instrument that it should become effective. Perhaps the hon. and learned Gentleman would like to deal with this Amendment as he did with the earlier one, when he said that he would like to look at the wording of this again to make sure that the form of words protected the innocent and perhaps, on the Report stage, introduce such a revised form of words.

The Solicitor-General

The hon. and gallant Member has invited me to consider his Amendment, and I will certainly do so. I will ask him to withdraw it now, upon the basis that I undertake to look at it again. I am not satisfied, as at present advised, that it is necessary, for the purpose he indicates, to introduce the words he has put on the Order Paper, but I would like to consider it carefully. All this wording, of course, has been carefully considered in the light of that particular kind of consideration but, if the hon. and gallant Gentleman will accept my assurance that we will carefully take into account the argument he has adduced, and withdraw his Amendment upon that understanding, I will gladly give the undertaking.

Mr. J. S. C. Reid

Before the Amendment is withdrawn, may I suggest that the hon. and learned Gentleman might consider a still further simplification of this Subsection? It seems to me that the ordinary prosecution for an attempt to transfer would cover almost all the whole ground. I cannot see whom this Subsection really catches beyond the person who has been guilty of an attempt to do something. I hope, therefore, that the hon. and learned Gentleman will look at that.

The Solicitor-General indicated assent.

Lieut.-Commander

Braithwaite: In view of the undertaking which the hon. and learned Solicitor-General has been kind enough to give, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause ordered to stand part of the Bill.