HC Deb 13 December 1950 vol 482 cc1281-2

Lords Amendment: In page 2, line 7, at end, insert: A draft of any Order in Council under this subsection shall be laid before Parliament, and the Minister shall not recommend His Majesty to make the Order unless an Address has been presented by each House of Parliament praying that the Order be made.

10.0 p.m.

The Parliamentary Secretary to the Ministry of Labour (Mr. Frederick Lee)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

I do not think the House will require a great deal of explanation of this and subsequent Amendments. The Bill, as the House knows, provides the date by reference to which employers' obligations under the 1942 Act are to take effect, shall be such date as His Majesty, on the recommendation of the Minister of Labour and National Service may by Order in Council appoint. A draft of this Order in Council would, under the existing provisions, have to be laid before Parliament under Section 9 of the principal Act and it would be subject to the negative resolution procedure. The House may remember that in the Committee stage of the Bill the right hon. Member for Epsom (Mr. McCorquodale) moved an Amendment to provide that the draft of the Order in Council fixing the date in relation to which the obligation under the 1942 Act would operate should be subject to the affirmative resolution procedure and not, as at present povided, under the negative resolution procedure. At the Third Reading, my right hon. Friend accepted the principle of that Amendment. In the Amendment which the Lords now propose we are implementing the principle of the affirmative procedure as against the negative procedure.

Mr. McCorquodale (Epsom)

I am very glad that this Amendment is being made and I am sure that we are right in so doing. An order made under this Bill is not a minor affair. It is, in fact, the main operation of the Bill itself, and, therefore, such an order, in the view of myself and my hon. Friends on these benches, is a very proper subject for active consideration by Parliament before it is introduced. I am, therefore, satisfied that we are quite right in this case in adopting the affirmative resolution, and I welcome the Amendment which the Minister has moved in respect to the pledge given on the Third Reading of the Bill to put this matter right.

Question put, and agreed to.

Remaining Lords Amendments agreed to.