Industrial Relations

Part of the debate – in the House of Commons am 12:00 am ar 4 Rhagfyr 1973.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Derek Walker-Smith Mr Derek Walker-Smith , Hertfordshire East 12:00, 4 Rhagfyr 1973

The hon. Gentleman is going back to les travaux préparatoires, but we have to interpret the law as Parliament enacted it. I had already made the point—and the right hon. Gentleman already made it—that this was not the normal initiation of a writ of sequestration. The reasons for that are dealt with in Sir John's judgment already referred to—that the public nature of the issues in this court and the matters with which it deals means that if the court did not initiate the writ there might be no remedy when the court was held in contempt, and no court can exist on a basis such as that.

I come to the question of the property taken. The extent of the property that can be taken by sequestration is very wide indeed. It is described in Halsbury, which states : Under a writ of sequestration the contemnors property of every description may be taken, corporeal or incorporeal … including assets in land, whether freehold … or leasehold … and chattels … including money … and stocks … and whether the contemnors interest therein is legal or equitable. When the justification for the remedy is so clear and the scope so wide, what is said against it? It is said that the wrong property was taken, because it was taken from the political fund. But we have not been referred to any express statutory protection from sequestration of that fund assuming that it was taken from that fund, as we have been told it was. The right hon. Gentleman used the expression "earmarked and protected". With respect, I accept the epithet "earmarked"—it is an earmarked fund. The superannuation fund is earmarked and probably protected in that sense because it is possibly held in trust for that purpose.

But, as I understand it, the political fund is not protected, if one has regard to the statutory provisions to which the hon. Member for Swansea, East (Mr. McBride) referred a moment ago. If one looks at Section 3 of the 1913 Act, as amended, one finds that the protection afforded there is basically protection by way of limitation, to ensure that funds are not used for political purposes beyond what they should be—not the other way round ; not, for example, protection against the sequestration of a political fund.

Indeed, logically, some might think that the political fund was a most natural source in respect of a contempt which was, at any rate in part, due to a politically motivated action. After all, if the sequestration was not levied against the political fund, it would have had to be levied against the general fund. I am assuming in favour of hon. and right hon. Members opposite, that they did not want it taken out of the pension fund ; that they did not want to put their election expenses ahead of the rights of the widows and orphans. I am giving them credit—