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Clause 35—(Pending Proceedings)

Volume 439: debated on Friday 11 July 1947

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I beg to move, in page 21, line 44, to leave out:

"Save as aforesaid expressly provided."
I should also like at the same time to refer to the two following Amendments: In page 21, line 46, after "instituted" to insert:
"and have not been determined by judgment or otherwise"
and in page 21, line 47, to leave out:
"for the purposes of this section."
The purpose of the Amendment is to bring in pending proceedings. Under the Clause they are excluded. The short point which I wish to make is, that the Clause as it stands enables the Crown, in regard to pending proceedings, to raise the very defences which the Bill removes on future actions. That seems to me to be wholly inconsistent and indefensible. Again I ask the learned Attorney-General to look at this, and to see whether something cannot be done about it on Report.

I am afraid we are unable to accept this series of Amendments. If my hon. and learned Friend looks at this again he will see that they would not achieve the purpose which he appears to have in mind, and would, indeed, make the application of the Bill a matter of extreme difficulty.

Amendment negatived.

Clause ordered to stand part of the Bill.

Clauses 37 to 43 ordered to stand part of the Bill.