Clause 34.—(ORDERS.) (Hansard, 1 May 1962)

§ Mr. Leburn

I beg to move, in page 29, line 5, at the end to insert: (4) Where an order under subsection (1) of section seven of the Sea Fish Industry Act, 1959, is made so as to have effect in relation to salmon or migratory trout (whether it is made so as to have effect in relation to any other description of fish or not), then, if the order contains a statement in accordance with subsection (6) of section ten of this Act, the order shall be of no effect unless it is approved by a resolution of each House of Parliament. (5) Notwithstanding anything in subsection (4) of section twelve of the said Act of 1959, a statutory instrument containing an order to which the last preceding subsection applies shall not be subject to annulment in pursuance of a resolution of either House of Parliament. The effect of the Amendment is to provide that any Order made under Section 7 (1) of the Sea Fish Industry Act, 1959, which prohibits fishing for salmon or trout, shall be subject to the affirmative Resolution procedure unless the Order is made in pursuance of an international agreement. The Parliamentary procedure in relation to prohibition Orders under the 1959 Act is set out in Section 12 (4), which provides that any Orders made under Section 7 (1) of the Act shall be subject to the negative Resolution procedure. During our discussion in Committee some hon. Members opposite made it clear that they felt that Orders made under this power should be subject to the affirmative Resolution procedure, so that the House would have a fuller opportunity of considering their implications. I need not go into the matter any further. The effect of the Amendment is to achieve this purpose.