HC Deb 21 March 1974 vol 870 cc1465-7

Ordered, That the Lords Message of 20th March relating to a Joint Committee of both Houses to scrutinise delegated legislation be now considered.—[Mr. Walter Harrison.]

Lords Message considered accordingly.

Ordered, That a Select Committee be appointed to join with a Committee appointed by the Lords to consider:— (1) Every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament; being

  1. (a) a statutory instrument, or a draft of a statutory instrument;
  2. (b) a scheme, or an amendment of a scheme, or draft thereof, requiring approval by statutory instrument;
  3. (c) any other instrument (whether or not in draft), where the proceedings in pursuance of an Act of Parliament are proceedings by way of an affirmative resolution; or
  4. (d) an order subject to special parliamentary procedure.
(2) Every general statutory instrument not within the foregoing classes, and not required to be laid before or to be subject to proceedings in this House only, but not including Measures under the Church of England Assembly (Powers) Act 1919 and instruments made under such Measures, with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds—
  1. (i) that it imposes a charge on the public revenues or contains provisions requiring payments to be made to the Exchequer or any Government Department or to any local or public authority in consideration of any licence or consent or of any services to be rendered, or prescribes the amount of any such charge or payment;
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  2. (ii) that It is made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts, either at all times or after the expiration of a specific period;
  3. (iii) that it purports to have retrospective effect where the parent Statute confers no express authority so to provide;
  4. (iv) that there appears to have been unjustifiable delay in the publication or in the laying of it before Parliament;
  5. (v) that there appears to have been unjustifiable delay in sending a notification under the provisio to subsection (1) of section four of the Statutory Instruments Act 1946, where an instrument has come into operation before it has been laid before Parliament;
  6. (vi) that there appears to be a doubt whether it is intro vires or that it appears to make some unusual or unexpected use of the powers conferred by the Statute under which it is made;
  7. (vii) that for any special reason its form or purport call for elucidation;
  8. (viii) that its drafting appears to be defective; or
on any other ground which does not impinge on its merits or on the policy behind it; and to report their decision with the reasons thereof in any particular case:

Ordered, That Mr. Ronald Bell, Mr. Cryer, Mr. Denzil Davies, Mr. Arthur Latham, Mr. Graham Page, Mr. Paul B. Rose and Mr. David Waddington be Members of the Committee:

Ordered, That Two be the Quorum of the Committee:

Ordered, That the Committee have power to appoint one or more Sub-committees severally to join with any Sub-committee or Sub-committees apointed by the Committee appointed by the Lords; and to refer to such Sub-committee or Sub-committees any of the matters referred to the Committee:

Ordered, That the Committee and any Sub-committee appointed by them shall have the assistance of the Counsel to Mr. Speaker and, if their Lordships think fit, of the Counsel to the Lord Chairman of Committees:

Ordered, That the Committee have power to sit notwithstanding any adjournment of the House and to report from time to time, and that any Sub-committee appointed by them have power to sit notwithstanding any adjournment of the House:

Ordered, That the Committee and any Sub-committee appointed by them have power to require any Government department concerned to submit a memorandum explaining any instrument which may be under their consideration or to depute a representative to appear before them as a Witness for the purpose of explaining any such instrument:

Ordered, That the Committee and any Sub-committee appointed by them have power to take evidence, written or oral, from Her Majesty's stationery Office relating to the printing and publication of any instrument:

Ordered, That the Committee have power to report to the House from time to time any Memorandum submitted to them or other evidence taken before them or any Sub-committee appointed by them from any Government department in explanation of any instrument:

Ordered, That it be an Instruction to the Committee that before reporting that the special attention of the House be drawn to any instrument the Committee do afford to any Government department concerned therewith an opportunity of furnishing orally or in writing to them or to any Sub-committee appointed by them such explanations as the department think fit:

Ordered, That is to be an Instruction to the Committee that they do consider any instrument which is directed by Act of Parliament to be laid before and to be subject to proceedings in this House only, being—

  1. (a) statutory instruments, or drafts of statutory instruments;
  2. (b) schemes, or amendments of schemes, or drafts thereof, requiring approval by statutory instrument; or
  3. (c) any other instrument (whether or not in draft), where the proceedings in pursuance of an Act of Parliament are proceedings by way of an affirmative resolution;
and that they have power to draw such instruments to the special attention of the House on any of the grounds on which the Joint Committee are empowered so to draw the special attention of the House; and that in considering any such instrument the Committee do not join with the Committee appointed by the Lords.—[Mr. Walter Harrison.]

Message to the Lords to acquaint them with such of the said Orders as are necessary to be communicated to their Lordships.

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