PERIODIC RETURNS BY CONTRACTORS ETC (Hansard, 27 April 2004)

§ Mr. Laws
I beg to move amendment No. 41, in page 70, line 44, after 'that', insert 'he has taken appropriate steps to confirm that to the best of his knowledge'.
The hon. Member for Hertford and Stortford (Mr. Prisk) has touched on the issue already, as has the Paymaster General. I seek clarification about the intention of the clause, in particular the requirement to say that a contract was not a contract of employment. The Paymaster General will understand why people are 858 concerned about having to sign up to that requirement and the uncertainty that there may be in some circumstances. The amendment invites her and the Government to make a judgment about the intention and the information available, rather than to pursue a particularly draconian approach. I hope that she can reassure us that this provision will be interpreted sensibly, too.

§ Dawn Primarolo
Again, as with the gross payments to which amendment No. 40 referred, what is important on the question of the declaration is that we have a workable scheme. On both the gross payment and the declaration, we are seeking, in conjunction with the industry, to ensure that we have regulations and rules that are achievable and carry a disincentive for those who seek deliberately not to comply but that, equally, are sensitive enough to recognise that sometimes errors are genuinely made. It will be important to ensure that in the operation of the scheme and the regulations—this applies to declaration as well as to gross payments—that balance is correctly achieved.
Again, I am happy to make sure that the hon. Gentleman receives information on that, if he is particularly interested in the consultations and how the matter will be handled. However, I can tell him and the Committee of the whole House this evening that the issue is proceeding with the industry in a reasonable and constructive manner, and I am therefore confident that there will not be the kind of unwelcome and draconian side-product that the hon. Gentleman has identified. I hope that he will bear with us a little longer and, rather than press his amendment, see the outcome and the draft regulations. If he is still not happy then, of course he will be able to return to the matter at a later stage.

§ Mr. Laws
I am grateful to the Paymaster General for that clarification. It is clear that the Government's intention is similar to ours, so I beg to ask leave to withdraw the amendment.