I move amendment No. 1:
In paragraph (5) (a), line 1, to delete "placed on" and substitute "attached to."
This amendment is to obviate the obvious inequality and hardship which were clearly demonstrated from this side of the House on this Resolution during the Committee Stage. I do not propose to go over in great detail to-day all the arguments that were then put forward. The fact is that the Resolution, as it exists and as it is expressed in line 1 of page 2 by the words "placed on" that are included there, means that any loose container which is put on a lorry, having been put on the lorry, even though it just sits on the lorry without being attached in any way, is then loaded, driven off to its destination and, when it gets to its destination, unloaded, will have to pay under this Financial Resolution the tax proper not merely to the weight of the lorry but that applicable to the weight of the container.
We had some considerable discussion on this matter on the Committee Stage in relation to the case I gave there, the absurd case as the Minister suggested, of a farmer who had a lorry and who wanted to draw water to ensure that his stock would have adequate water during a drought. There is no doubt whatever that the law requires in such circumstances the farmer, who once a year, perhaps, has to draw water in a lorry for his cattle, to pay the tax for the whole of the year on the weight of the receptacles in which he draws that water.
Quite apart from that, there are other containers used for carriage just for convenience which are not attached to a lorry. Under this Resolution they, too, will have to be weighed. There is no use in the Minister saying, as he said the last day, that nobody will prosecute them. Fortunately, there are people here who like to keep within the law whether there is any question of prosecution or not; and the law should be framed so that they can do so honestly and honourably. The Minister should not say when introducing legislation "Ah, it is all right. Nobody will ever be prosecuted in cases like those, even though there is, in fact, a breach of the law."
The effect of this Resolution is not to catch the defrauding lorry owner alone, but to catch the innocent person as well. I can understand the case being made by the Minister where a person gets a lorry—I shall not say where—weighs that lorry and then gets an entirely different type of body, dismantles the previous body, screws on or attaches to the lorry the new type of body and for the rest of the year has the lower rate of tax. I can understand the Minister trying to catch that type of man. I agree that that is an attempt to get habitual use for one weight of lorry at a lower rate of tax. Where a person, on the other hand, has the body bought with the lorry in consistent use throughout the year but, perhaps once, twice or three times in the year, puts up a temporary ramshackle sort of crib to bring home just a load of turf for himself, or where a person puts up some sort of loose container which, if he had a crane on his premises, he could swing into the lorry but which because he has not a crane, he puts on the lorry loosely, puts what he wants into the container and drives off to his destination and because there is no crane there, takes the things out of the container, the container still remaining on the lorry, that man is caught under this Resolution in a most unfair and unjust way.
By using the words "attached to" instead of "placed on", in a simple amendment I have tried to ensure that whatever will be weighed will be something permanent or quasi-permanent. By so doing it will be possible to ensure that what I might term the defrauding case will be caught. The honest case is that of a person who utilises something merely placed on the vehicle, so placed only because he knows he will use it only once or twice in the year, and that it is not something of its very nature that could be used regularly. It would be most unfair to extract from that person for a whole year the tax applicable to the weight of that additional article, be it a container, the sides of a door used as a rough crib or anything else. It would be most unfair that he should be penalised and I urge the Minister, therefore, to accept the amendment.