§ Question proposed, That the Clause stand part of the Bill.
§ Mr. Patrick JenkinI cannot resist the temptation to say a few words about subsection (4). We have come to estate duty and the Financial Secretary will remember that last year we spent many happy hours struggling to get this right. The hon. and learned Gentleman and I were on our own on this duty hour after hour trying to get it right.
The Financial Secretary will remember that in Committee upstairs over my loud and vocal protests, he moved the inclusion in what is now paragraph 7 of the Seventeenth Schedule to last year's Finance Act the famous words, " subsisting at the date of the earlier death ". On Report I continue to protest loudly and even more vocally, and I called in aid the fact that I had had consultations with many members of the Chancery Bar who said that I was right and the hon. and learned Gentleman was wrong. However, the Financial Secretary was very wise because at that point he said:
I would not like to rule out on first impression something that he says he has not only carefully considered himself—he is no mean expert on estate duty—but has discussed with members of the Chancery Bar. In the circumstances, I would like to look at that point to see whether a change must be made subsequently."—[OFFICIAL REPORT, 17th July, 1969; Vol. 787, c. 996–97.]I am glad that wisdom has prevailed. The words ought never to have been there. They are now being taken out by subsection (4), and I should like to express my warm and heartfelt thanks and hope that nobody has been seriously prejudiced in the intervening year. This is a narrow point, but I am glad to know that right is on this side of the Committee.
§ Mr. TaverneI offer my congratulations to the hon. Gentleman.
§ Question put and agreed to.
§ Clause 32 ordered to stand part of the Bill.