The Minister may remember that I asked him during the Second Stage if he could give some example of the kind of thing he would visualise as having retrospective effect. I asked him to give a concrete example.
Private Members' Business. - Exchequer and Local Financial Years Bill, 1973: Committee Stage (Resumed) and Report Stage.
Section 4 agreed to.
SECTION 5.
Question proposed: "That section 5 stand part of the Bill."
It is difficult to give a concrete example. It is difficult to foretell what would happen. It could happen, through some oversight or for some other reason connected with human nature, that a modification of a statute or of a particular adjustment might not be carried through in time by an order under this section and that in carrying through the modification of the adjustment at a later date some degree of retrospection might be necessary. If we were not confined to a nine month period in the way in which we are—that is a very severe restraint—it might not have been necessary to have this correction of the matter later, but as I said on the last occasion it is possible to use this section only to the extent of meeting the objectives of the Act itself. It cannot do anything beyond the aims of the Act itself.
Accordingly there is no need to fear that anything could be done which would be outside the jurisdiction or the power or the authority conferred by this Act. What we would be particularly concerned about is that the retrospection we have in mind here might be very necessary in the interests of a private individual rather than for the protection of the public side of our society. We fear that if we do not have this provision we could possibly do an injustice to somebody which I am sure Deputy Colley, like everybody else in this House, would not wish to do.
The provisions of this subsection are wide but we consider that they are necessary in the public interest and that they should be as extensive as they are. As I have said, we cannot go beyond the authority conferred by the Act. This helps us to clear up expeditiously any imperfections which may arise due to human error.
I am grateful to the Minister for that explanation. It is valuable to have it on record.
Question put and agreed to.
SECTION 6.
Question proposed: "That section 6 stand part of the Bill".
On subsection (1)—I raised this on the Second Stage—I take it the Minister is satisfied that any order made under this Act must be one that is necessary for the purpose of carrying out the provisions of the Act even though that is not specifically stated. I take it the Minister has been advised that that is imported into the meaning of the section.
We are satisfied. I have had this checked with the draftsman. It will not go beyond the authority.
Question put and agreed to.
Sections 7 to 9, inclusive, agreed to.
Title agreed to.
Bill reported without amendment and received for final consideration.