HC Deb 07 March 1935 vol 298 cc2143-5W
Mr. E. C. GRENFELL

asked the Financial Secretary to the Treasury whether he is aware that the Commissioners of Customs and Excise have refused to repay to various importers of aluminium foil duties paid by them on such foil prior to April, 1934, in excess of 10 per cent., although it was decided by Mr. Justice Acton in that month that

Drainage Act, 1930, to have a catchment area made an administrative unit for the purpose of prevention of pollution; and, if so, why it has not been granted?

Sir H. YOUNG

I have received no such applications.

Sir W. JENKINS

asked the Minister of Agriculture whether any grant has been made to any catchment area in England and Wales under the Land Drainage Act, 1930; and, if so, will he give the names of the authorities and the amount of grant made?

Mr. ELLIOT

The following gives the information desired:

the correct duty was 10 per cent.; whether he can give any reason for this decision; and whether, seeing that such excess payments were made by importers under a misapprehension and because the Board of Customs and Excise required payment at the rate of 20 per cent., and having regard to the discretionary authority vested in the board under Section 25 of the Customs Consolidation Act, 1876, to make repayments in similar circumstances, he will advise the board to reconsider their decision?

Mr. COOPER

I am aware that the claim referred to by my hon. Friend has been rejected. I can assure him this decision was reached after full consideration of the circumstances, including the effect of the judgment in question. The reason for it is that the Commissioners are advised that in the circumstances the duty claimed is irrecoverable at law and that Section 25 of the Customs Consolidation Act, 1876, is inapplicable. Consequently, no question of the exercise of discretionary authority under that Section arises.