SPECIAL PROCEDURE FOR DETERMINING VALIDITY OF LEGISLATION

HC Deb 20 June 1973 vol 858 cc799-800

Question proposed, That the clause stand part of the Bill.

Mr. McMaster

I have one point which I should like clarified. The clause provides that the Secretary of State shall determine whether any matter falls foul of the provisions we have just passed on Clause 17 and, if he considers that they do, that the question can be referred to the Judicial Committee of the Privy Council. I wanted to inquire whether this is the only procedure under which validity may be questioned under the provisions of Clause 17. Is the Secretary of State the final judge whether a matter may be referred to the Judicial Committee? What representations may be made to the Secretary of State? Is it possible that any individual who is not satisfied with a decision of the Secretary of State may refer the matter directly to the Judicial Committee, and what remedy will he have?

These are important matters relating to the provisions of the previous clause, relating to discrimination. It is important, if the provisions of Clause 17 are to have any effect, that as wide a procedure as possible should be laid down in the Bill allowing people who feel they have a complaint to go to the Privy Council. It should not be left entirely in the hands of my right hon. Friend and entirely at his discretion. I shall be interested to hear his comments.

Mr. Whitelaw

Nothing in this provision inhibits in any way the individual's right to go to the courts. This provision was put in as an additional and very important safeguard in that it would, in particular matters where a judgment would be necessary, remove the issue from the political arena of the Secretary of State to the highest judicial authority one can find, the Judicial Committee of the Privy Council. It was deliberately done for this purpose. References to the Judicial Committee would have to be made by the Secretary of State, but the right of the individual to go to the courts is preserved. That is totally unaffected by this provision.

Question put and agreed to.

Clause 18 ordered to stand part of the Bill.

Clause 19 ordered to stand part of the Bill.