Skip to main content

Proceeding contribution from Christopher Chope (Conservative) in the House of Commons on Thursday, 15 December 2005. It occurred during Debate on bill on National Insurance Contributions Bill.


National Insurance Contributions Bill

Obviously, it would be better than not accepting the amendment at all but, in deference to my hon. Friend, the word ““expedient”” is far too broad for the Bill, which gives the Government power by regulation to introduce retrospective legislation to penalise British citizens with higher taxes, especially national insurance contributions. If my hon. Friend had tabled such an amendment, I would be happy to address it, but I do not wish to encourage a joint test of reasonableness and expediency, as there is an inherent conflict between the two concepts. That is why I did not table such an amendment. ““Stroud’s Judicial Dictionary”” says:"““The word ‘reasonable’ has in law the prima facie meaning of reasonable in regard to those circumstances in which the actor, called on to act reasonably, knows or ought to know””." That is exactly what we are trying to achieve. The Government should act reasonably in the exercise of the great powers that it seeks in the Bill. There is no reason why we should discuss all the other uses of the word ““reasonable””, but it is worth remembering that expressions such as ““reasonable acts””, ““a reasonable amount””, ““reasonable and probable cause””, ““a reasonable time”” and ““reasonable care”” are frequently included in legislation, and have been the subject of judicial decisions. If we are to introduce strong regulations that can penalise people retrospectively and if the Government act unreasonably, it should be possible to challenge such action in the courts.


Secondary information

Type
Proceeding contribution
Reference
440 c1490 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Abuse Accountancy Advisory services Eligibility Incentives Income tax Employees' contributions Employers' contributions National insurance Personal income Pay Powers National insurance contributions Stocks and shares Tax avoidance Taxation Tax yields Retrospective legislation
Legislation
National Insurance Contributions Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk