§ Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Islands; and any Order in Council under this sub-section may be varied or revoked by a further Order in Council.—[Mr. Sharpies.]
§ Brought up, and read the First time.
§ 10.12 p.m.
The Minister of State, Home Office (Mr. Richard Sharpies)I beg to move, That the Clause be read a Second time.
The purpose of the Clause is to give power to extend the Bill in whole or in part, or subject to modifications, to the Channel Islands and the Isle of Man. These powers are similar to those which were contained in the Commonwealth Immigrants Acts of 1962 and 1968, but those Acts do not extend to aliens. In accordance with the normal practice, consultations have been taking place with the Island authorities, and Orders in Council will be made under the new Clause only with the agreement of the Island authorities. This follows very closely, as the hon. Member for Leeds, South (Mr. Merlyn Rees), will know, the precedent set in the existing legislation.
§ 10.15 p.m.
§ Mr. Merlyn Rees (Leeds, South)The Minister of State has given us a brief explanation why the Clause has been tabled at this late stage. I have one or two questions. It was a little difficult to hear the hon. Gentleman's full argument.
§ On Clause 1(3), Clause 9 and Schedule 4 we dealt with matters appertaining 368 to the Islands. We are intrigued why at this late stage the Government have tabled the Clause. At these three earlier stages there were a number of discussions, but nothing was then mentioned. I heard the hon. Gentleman say just now that the previous Administration had had discussions on similar points. If it was so obvious that this be done, why has it been left until now to do so?
§ Why is it being done by Order in Council? It could have been done by Ministerial Order, but this may be a technical point. We had a discussion on these matters as to whether—we are now dealing with the Islands—Parliament should not have a chance, when dealing with the question of the common travel area, of debating the matter and holding the Government accountable for any major change, if matters are to be changed in the Channel Islands and in the Isle of Man, or if the rules pertaining to immigration are to be changed. Have the Government discovered that if we enter the Common Market they will need the Clause arising from the operation of Article 48 of the Treaty of Rome and the directives which have flowed therefrom?
Mr. SharpiesBy leave of the House I will reply to the points raised by the hon. Member. The Clause has been tabled at this late stage because consultations had to take place with the Island authorities. Those consultations were not complete when the Bill was published.
This is being done by Order in Council because we are following the existing practice under the 1962 Act. Orders in Council are laid only after consultation with the Island authorities.
The point the hon. Gentleman raised about the E.E.C. has no validity. This is simply an extension of the powers under the existing legislation.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.