New Clause 3 - Indemnity

Social Security Contributions – in a Public Bill Committee at 12:15 pm on 30 January 2001.

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`.—Notwithstanding any discrimination between the holders of rights to acquire shares introduced by this Act, no right of action against the Crown shall lie under the Human Rights Act 1998 as a result of the coming into force or operation of this Act.'.—[Mr. Flight.]

Brought up, and read the First time.

Photo of Mr Howard Flight Mr Howard Flight Conservative, Arundel and South Downs

I beg to move, That the clause be read a Second time.

As the wording suggests, we have noticed that the various references to European legislation that often appear in British legislation have not been included in the Bill. Although there are no obvious human rights issues, is it not standard practice to have a clause such as this in all Bills?

Photo of Stephen Timms Stephen Timms The Financial Secretary to the Treasury

No, it is not standard practice to have such a clause, which disapplies the Human Rights Act 1998, in all Bills. It is unclear how this legislation might offend against that Act.

Photo of Mr John Burnett Mr John Burnett Liberal Democrat, Torridge and West Devon

Presumably, such a clause would gainsay the certificate that the Chancellor of the Exchequer gave the Bill in the first instance.

Photo of Stephen Timms Stephen Timms The Financial Secretary to the Treasury

The hon. Gentleman has a point.

There is no compulsion in the Bill. We are offering companies a simple and practical solution to a legitimate concern that they raised with us. A company choosing to settle on its share price on 7 November will obtain certainty, which is perceived by many companies to be an important benefit. To suggest that any part of the legislation is ``discriminatory'' would be to stretch the word beyond its natural meaning. If the Bill did contravene anyone's human rights, which I am confident that it does not, it would be wrong to deny that person any remedy that the 1998 Act may provide. With that in mind, I hope that the hon. Member for Arundel and South Downs will withdraw the motion.

Photo of Mr Howard Flight Mr Howard Flight Conservative, Arundel and South Downs

The question whether the Bill is in contravention of the Human Rights Act 1998 had not been raised, but the Minister has made the position clear on that. Whether the provision is worded as in the amendment or in standard language is another debate. He has said that the Government believe that nothing in the Bill will contravene human rights provisions, so I beg to ask leave to withdraw the motion.

Motion and clause, by leave, withdrawn.