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Lords Amendment: No. 3, in page 26, line 18, leave out from "by" to end of line 22 and insert:
or under any Measure or Act of the Parliament of Northern Ireland or Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972 or by or under any Act of the Parliament of the United Kingdom passed before this Act in so far as the provision is part of the law of Northern Ireland.
( ) An Order in Council under subsection (2) above may contain such consequential and supplemental provisions as appear to Her Majesty to be necessary or expedient.
§ Mr. Peter MillsI beg to move, That this House doth agree with the Lords in the said amendment.
It is designed to correct a flaw in drafting. Clause 38(2) seeks to place in Her Majesty's hands a power to make Orders in Council similar to that which the Governor had by virtue of Section 2 of the Northern Ireland (Miscellaneous Provisions) Act 1945. With the abolition of the office of Governor, the power which the Governor had to amend the law of the United Kingdom in certain circumstances will be transferred to Her Majesty.
The Government have also thought it right to require that the exercise of this power should be subject to the affirmative resolution procedure in both Houses unlike the power held by the Governor, which was subject to no parliamentary procedure. Unfortunately, in translating the power from the terms of the 1945 Act two points were overlooked, and the amendment seeks to remedy the defects.
The first part of the amendment will enable Her Majesty to make Orders in Council where it is necessary following provisions in subordinate legislation. The second part of the amendment ensures that an Order in Council made under this provision may contain such consequential provisions as may be necessary.
§ Question put and agreed to.