The power given to the court begins only when the defendant's benefit exceeds the amount that must be paid. In any case, the clause is not intended to allow reconsideration of whether the amount should be decreased.

The hon. Members for Orkney and Shetland (Mr. Carmichael) and for Beaconsfield (Mr. Grieve) have shown their combined expertise at redrafting on their feet. I do not know why we bother to employ parliamentary counsel when Opposition Members are so talented. I do not believe that the clause allows courts to reconsider whether the amount should be decreased.