§ Page 14, line 34, insert the following new clause:—
§ Restriction on contracting out.
§ "10. This Part of this Act shall apply notwithstanding any contract to the contrary, being a contract made at any time, after the thirtieth day of March, nineteen hundred and twenty-seven:
§ Provided that if on the hearing of a claim or application under this Part of this Act it appears to the tribunal that such contract as aforesaid, so far as it deprives any person of any right under this Part of this Act, was made for adequate consideration, the tribunal shall in determining the matter give effect thereto."
§ Commons agree to this Amendment, but substitute ("eighth day of February") for ("thirtieth day of March") and ("a contract made after such date") for ("such contract").
§ THE LORD CHANCELLORMy Lords, the next Amendment relates to Clause 10. Your Lordships will find there a clause inserted by this House. As framed by this House the clause ran thus:— 1276
This part of this Act shall apply notwithstanding any contract to the contrary, being a contract made at any time after the thirtieth day of March, one thousand nine hundred and twenty-seven.The Commons propose to alter that to the eighth day of February, 1927. March 30th was the day on which the Bill was introduced. February 8 was the day when Parliament first sat, and when in the Speech from the Throne the Bill was promised. I suppose it is thought that some people might possibly have been quick enough to take advantage of that notice. I suggest that your Lordships should not refuse to accept this Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ THE EARL OF MIDLETONMy Lords, as the Lord Chancellor was good enough to insert this clause in the debate after I made the suggestion, I will, of course, accept his suggestion that we should take February 8. What we care about is not the date but the principle. The principle we have obtained—namely, that past contracts should not be invalidated by new legislation. Future contracts which may be held to have possibly been entered into at a time when this legislation had been already adumbrated on the first day of the Session we of course do not desire to contest, having obtained the principle, for which we are very grateful to the Lord Chancellor.
§ On Question, Motion agreed to.
§ THE LORD CHANCELLORThe second Commons Amendment is purely drafting. I beg to move that this House doth agree with the Commons in the said Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.