CLAUSE 6.—(Provisions as to Orders in Council.) (Hansard, 19 June 1939)

§ Mr. Lawson

I beg to move, in page 6, line 16, to leave out Sub-sections (2) and (3), and to insert: (2) The draft of any Order in Council proposed to be made under this Part of this Act shall not be submitted to His Majesty unless it has been approved by resolutions passed by each House; of Parliament: Provided that if, at any time when Parliament is dissolved or prorogued or when both Houses of Parliament are adjourned for more than fourteen days, it is shown to the satisfaction of the Minister that the making of an Order in Council under this Section is urgently necessary, a draft of the Order need not be laid before Parliament, but the Order shall, except as respects things previously done or omitted to be done, cease to have effect at the expiration of the period of twenty-eight days beginning with the date on which the Commons House first sits after the making of the Order, unless within that period resolutions approving the making of the Order are passed by both Houses of Parliament. This Amendment seeks to make an important improvement in this Clause, which is the operative Clause of the Bill and therefore asks for the right to make Orders in Council. The Amendment asks that these should be draft Orders. At this time of night 2 need not attempt to make out a case why the Orders should be laid in draft rather than as Orders. Hon. Members are aware that we have no real power, once such Orders are laid. What happens is that we put down a Prayer which we can discuss after Eleven o'Clock, when the Minister says he has no power to amend the Order, and there is an end of it. In this very important Bill we ask that the Minister should accept this Amendment that Orders should be laid in draft. In order that the Minister should not be hampered in certain circumstances the second part of the Amendment suggests that, if Parliament is dissolved or prorogued, or adjourned for more than 14 days, and it is shown to the satisfaction of the Minister that the making of an Order in 1975 Council under this Section is urgently necessary, a draft of the Order need not be laid before Parliament, but the Order shall, except as respects things previously done or omitted to be done, cease to have effect at the expiration of the period of twenty-eight days beginning with the date on which the Commons House first sits after the making of the Order, unless within that period resolutions approving the making of the Order are passed by both Houses of Parliament. I do not propose to spend time arguing this case. The Amendment asks that the sovereignty of Parliament should be preserved. This Bill is one of a long list which ask that Orders shall be laid before the House which can only be accepted or rejected. I beg the right hon. Gentleman to accept this Amendment on this important Bill. We want to help the Minister to put something into the Bill as well as to take things out of it.