HC Deb 17 April 1986 vol 95 c1111

'The following paragraph shall be inserted after paragraph 5 of Schedule 1 to the Agricultural Marketing Act 19585A.—(1) Without prejudice to any other powers conferred on him by this Act, the Minister, if he is of opinion that it is expedient that any scheme should be consolidated, may by order make a substitutional scheme. (2) The power conferred by this paragraph to make an order shall be exercisable by a statutory instrument which states that the order contains only provisions made for the purpose of consolidating a scheme revoked by it; and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.—[Mr. Andrew F. Bennett.]

Brought up, and read the First time.

Mr. Andrew F. Bennett (Denton and Reddish)

I beg to move, That the clause be read a Second time.

The clause deals with a small but technical point with which the Joint Committee is much concerned. It is an important and accepted principle of legislation that we try to consolidate the law and that, when the law is implemented through regulations, those regulations are consolidated in such a way as the public can inspect the law without having to thumb through a great deal of other legislation.

We also try to ensure when we pass legislation that the Government have power to consolidate regulations. Under the milk marketing scheme the Government are not able to initiate regulations. They simply have a semi-judicial role in that they arbitrate on the regulations. That has made consolidation difficult. The new clause would enable consolidation to take place.

I suspect that the Minister will say that the drafting of the new clause is faulty, although we were assisted in its drafting by Mr. Speaker's counsel. I shall be content, and not press the matter, if the Minister accepts the principle of the new clause and undertakes to introduce in another place a satisfactory form of words to cover the point that I have in mind.

Mr. Jopling

I am grateful to the hon. Member for Denton and Reddish (Mr. Bennett) for explaining his amendment. I find it difficult to accept the amendment as it stands, but I am prepared to discuss with the hon. Gentleman the introduction of an amendment in another place which would meet the Joint Committee's wishes as well as a nutnber of other points. If he would be satisfied with that and be good enough to withdraw his new clause perhaps we can proceed on those lines.

Mr. Andrew F. Bennett

On the basis of the undertaking that has just been given by the Minister, I beg to ask leave to withdraw the motion.

Motion and clause, by leave, withdrawn.

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