MAJORITY REPORT.
203
the directions in which additional powers are thought to be
needed, we cannot do better than quote two questions addressed
to Sir Walter Kinnear, and his replies :—'‘ Are you satisfied with
the present powers of the Ministry for enforcing the provisions
of the Act as to the payment of contributions, or do you think
that they need strengthening in any respect? ''—‘ There are
one or two comparatively minor points upon which we think it
would be to the advantage of insured persons and to the adminis-
tration of the Act if we had some further powers. The time
limit for taking criminal proceedings we suggest should be
twelve months in the case of ‘all offences specified under Sec-
tion 96 of the Act. Section 97 allows a time limit of one year
In the case of failure to pay contributions and in the case of
trafficking in cards and used stamps, but proceedings for all
other offences against the Act and Regulations are governed by
the time limit of six months under the Summary Jurisdiction
Acts, subject to the power of the Minister to extend the time
by a certificate under Section 97 (1) (b). Many of these other
offences are, however, closely linked up with the non-payment
of contributions; for example, it often happens that prosecution
for non-stamping is impracticable because the employer is
believed to hold the relative card and prosecution for detention
of the card is already barred by the six months’ limit. In fact,
We do not know of the offence until the six months’ limit has
expired. Other instances are the offences of fixing used stamps
to a card, obstructing an inspector, failing to produce cards to
an inspector, and making illegal deductions from wages. We
are greatly hampered by the present time limit in the Act, and
suggest that it should be made twelve months. There are one
or two other smaller points. We suggest the period for which
unpaid contributions can be recovered preferentially in bank-
tuptcy or liquidation should be extended from four to twelve
tonths. When the provision of four months was originally put
Into the Act we had a quarterly card, but now that we have a
half-yearly card we think the period of twelve months would
enable us to recover from the assets of a bankrupt unpaid con-
tributions, and so help to keep the insured persons in benefit.
There is another small point. We have had some cases recently
of small limited companies which we have not been able to prose-
cute because of their being run by simply two or three directors,
and we cannot prosecute for illegal deductions or for non-payment
of contributions directors of companies. We think that, follow-
ng the precedent of legislation set up in the Coal Mines Emer-
gency Act, 1920, we should have power in the case of these small
Companies to conduct a prosecution against the directors where
they were actively running the concern themselves, unless they
could show that they could not reasonably be expected to have
any knowledge of the non-compliance in question.’ (Q. 23,442.)
“You think there is precedent for dealing in that way with