My right hon. Friend’s intervention shows his experience as both a Member of Parliament and a business man. As we all know, people sometimes misuse legislation, but most of those affected by the Insolvency Act are in that position involuntarily rather than voluntarily. A winding-up order is usually made because the company is owed a lot of money and is trying to get some of it back, or to put a company out of business. However, I do not want to digress, Mrs. Heal.
Paragraph (k) shows how complex and difficult insolvency law is, and how it interacts with the problem of business rates. The Bill is being progressed fairly speedily so our discussions are time-limited, but it is important that we debate this matter fully. The Minister must respond in detail on amendment No. 6. I hope that when he replies, he will talk about the Insolvency Act 1986 and the Deeds of Arrangement Act 1914, and why he thinks that the amendment should not be made. We need answers. It is important that the Government clearly explain their position. Why have they introduced what is essentially a one-clause Bill? Why are they not prepared to include our proposals on this complex subject in the Bill?
The amendment would also add:"““Where a hereditament which has been unoccupied becomes occupied on any day and becomes unoccupied again on the expiration of a period of less than six weeks beginning with that day, then for the purposes of ascertaining whether the hereditament has been continuously unoccupied for the period mentioned in subsection (1A)(a) it shall be treated as having been unoccupied on that day and throughout the period.””"
There has usually been an exemption for a property that is occupied for only a short period. I suspect that the Government would prefer to deal with that matter by statutory instrument and regulation, rather than include it in the Bill. I would like the Minister to explain where the Government stand on that matter and why, as it is important.
The issues and concerns that I am raising are key and require deep thought. It is a pity that there was no consultation—I have said that before, but it bears repeating. If we had had a full consultation, the public and the business community, and those affected by specific aspects of the Bill—such as accountants, surveyors or lawyers—would have had a much fuller opportunity to feed in their views. That would have given us an opportunity to address their concerns and talk about whether aspects of the business rate that have historically been in law ought to be continued with or amended.
There is an entire area of exemption to do with ““qualifying industrial hereditament””, including buildings that are"““constructed or adapted for use in the course of a trade or business””,"
and those that are constructed or adapted for various other uses, including"““the manufacture, repair or adaptation of goods or materials…the generation of electricity…the working or processing of minerals””."
Therefore, the exemptions in our important amendment No. 6 would affect a surprisingly wide range of activities, including electricity generation, mines and quarrying.
Rating (Empty Properties) Bill
Proceeding contribution from
Robert Syms
(Conservative)
in the House of Commons on Thursday, 14 June 2007.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Rating (Empty Properties) Bill.
About this proceeding contribution
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2006-07Chamber / Committee
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