HC Deb 22 July 1987 vol 120 c390 4.48 pm
Mr. Bob Cryer (Bradford, South)

On a point of order, Mr. Speaker. The eighth item on the Order Paper relates to the draft European Communities (Definition of Treaties) (International Convention on the Harmonized Commodity Description and Coding System) Order 1987 and will be taken forthwith, pursuant to Standing Order No. 101(5). It was considered yesterday in a merits Committee at 10.30 am —merits Committees are open to all hon. Members — and the Joint Committee on Statutory Instruments was due to meet at 4.15 pm. Therefore, the merits Committee meeting could not have the report of the Joint Committee. Moreover, the Joint Committee could have decided to take further evidence on the submission from the Foreign and Commonwealth Office. The Committee decided that the matter should be referred to the House of Commons and a report made pointing out that the instrument appeared to make an unexpected use of powers.

Because the matter is to be decided forthwith, perfectly properly, the matter cannot be discussed. The merits Committee could not possibly have the decision of the Joint Committee because the latter had not considered the matter and was to do so later the same day. Since both Joint and Select Committees are obliged under Standing Order No. 115 to report matters to the House for the House to make a judgment, will you, Mr. Speaker, bring to the attention of all the parties concerned the fact that, if a Select Committee is to be useful, every effort should be made by the usual channels, with your help and guidance, to ensure that Joint and Select Committees on statutory instruments have the opportunity to consider an instrument before a merits Committee, so that when we decide forthwith it is because every aspect has been considered in Committee?

Mr. Speaker

That is an important matter. The hon. Gentleman's remarks will have been heard by the Patronage Secretary who is in his place. If the motion is put tonight, it is open to the hon. Gentleman to vote against it. However, I am sure that what he has said will be noted by the Patronage Secretary.