Clause 9 (Hansard, 27 May 1970)

§ Sir D. Renton
I beg to move Amendment No. 20, in page 10, line 28, after '(b>)', insert 'or '.
This seems an almost ludicrously trivial drafting Amendment, but, strangely enough, it appears to be necessary in order to cure a grammatical defect in the Clause.

§ The Solicitor-General
I have pleasure in accepting this Amendment. I think that the motivation which led to its appearance upon the Paper is different from the consideration which encourages me to accept it, but that does not take away from the merit of what is proposed. The change does improve the grammar of the Clause and its language, and I am grateful for it.

The Temporary Chairman
The next Amendment is Amendment No. 21, with which I suggest we discuss Government Amendment No. 32.

§ The Solicitor-General
I beg to move Amendment No. 21, in page 11, line 19, leave out subsection (10).
I want to preface what I have to say with a personal reference to your presence in the Chair, Mr. Rogers, which I understand may be the last occasion on which you will perform that duty. Your friends have the highest regard for you as a person and the work you have done. We wish you well in the years ahead. [HON. MEMBERS: " Hear, hear."]
The Amendment, which is linked with Government Amendment No. 32, has the effect of deleting the reference in the relevant Clauses to Section 162 of the Supreme Court of Judicature (Consolidation) Act, 1925. This is done because it is thought to be unnecessary to spell out the applicant for a variation order is a person interested in the estate. I understand that the applicant is entitled to secured periodical payments and therefore plainly is a person so interested. That being so, in the view we take of this matter, the language that the Amendment deletes is superfluous.
I think that the original language was open to objection not only on that ground but also because it carried with it the danger that applicants for variations of orders might be confused into thinking that they should seek a grant of representation to achieve the purposes they had in mind. In fact, if someone wants to vary the order it will often be the case that a grant of representation will be an obstacle and a disadvantage in that process. The confusion to which I have just referred, and which I think was a possibility, is another ground for proposing this change, which I recommend to the Committee.

§ Sir D. Renton,
Mr. Rogers, I should like, first, to join the Solicitor-General in the tribute he has paid to your work as a parliamentarian. I do so in the knowledge that you and I entered this House at the same time, nearly a quarter of a century ago. We often opposed each other in the more distant past, especially on transport matters of distant memory. But you have always had the greatest regard of Members on both sides. We have 1951 admired your work not only as a parliamentarian, but also as an artist, and it is a joyful thought that you will now be able to devote more time to the talent in which you have shown such immense prowess. We wish you many years of felicity to enjoy your art.
When I first studied the Bill I was puzzled by the fact that subsection (10) of the Clause was in it at all. I turned to the Report of the Law Commission to find an explanation. There was no explanation, although it was included in the draft of the Bill. It is not only an unnecessary provision, but it is misleading. I am happy to join with the Solicitor-General in the suggestion that we should now take it out of the Bill.

The Temporary Chairman
Perhaps on this occasion, as this is my swan song, I may be permitted to acknowledge the 1952 kind words paid to me by both right hon. and learned Gentlemen on the Front Benches. In fact, if I could have chosen two hon. Members to say nice things about me, I could not have picked two who are better qualified.
In the large section of man's allotted span that I have spent in this House I have had the honour to claim both as my friends. Therefore it is fortunate that on the last occasion on which I shall take the Chair they are present. I am grateful for what they have said. It is not easy for any man to leave this place after having spent so much of his life here.