I was wondering whether the hon. Member for North-West Norfolk (Mr. Bellingham) was attempting to be the last person in this country's history to be subject to the old perpetuity rule of lives in being plus 21 years. I must say that I found the explanatory notes to be perfectly clear and that the Law Commission briefing is in the commission's own reports, which on this subject are exemplary.
I, too, thank the Government, and the Law Commission, in particular, for bringing forward the Bill. It has been quite a long time in the making, and the commission members who are most responsible for it are no longer members. Owing to that, I shall mention one by name, Mr. Charles Harpum, who did an extraordinary amount of work on the Bill and has produced legislation that, in its mechanism, will last a long time. The hon. Member for North-West Norfolk mentioned the people who taught in this area of law, so I should add that I was taught by Mr. Harpum himself, in his first year as a lecturer, which now seems a very long time ago.
I support what the Minister said about the new procedure in the House of Lords. It seemed to work very well, and it helped us to expedite procedure in this House, too. I hope that this legislation, along with the new Act on Law Commission reports, will lead to a better way of moving the commission's reports through this and the other House and into legislation. More controversial reports will need fuller discussion, but Bills such as the one before us, which are clear but technical improvements to the law, should go through as quickly as they possibly can.
I make only two comments on the Bill's subject matter. First, on the length of the perpetuity period, the hon. Member for North-West Norfolk had one substantive point, which was that, with the advance of medical science, at some point people will live longer than 125 years. When we reach that point, however, we will not have to revise the whole structure of the law—only the number of years.
Secondly, on accumulations, I want to put on the record that throughout our discussions on the Bill, the Government have been very clear that the provisions on accumulations for charities are compatible with the total return approach. There was some worry in the sector about that, but the Government have been very clear, for which I thank them. I thank them also for the Bill, and I wish it Godspeed in passing into law.
Perpetuities and Accumulations Bill [Lords]
Proceeding contribution from
David Howarth
(Liberal Democrat)
in the House of Commons on Monday, 2 November 2009.
It occurred during Debate on bills on Perpetuities and Accumulations Bill [Lords].
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2008-09
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