HC Deb 26 February 1998 vol 307 cc589-90
Ms Quin

I beg to move amendment No. 38, in page 4, line 5, after 'enactments' insert 'and instrument'.

The Second Deputy Chairman of Ways and Means (Mr. Michael Lord)

With this, it will be convenient to discuss Government amendments Nos. 39, 43 and 44.

Ms Quin

These are minor drafting amendments, like those that I moved earlier, which make no substantive change to the Bill.

Amendment No. 43 removes a reference to consent to nomination, which reflects the fact that, under the new list-based system, an individual standing for election does not consent to nomination in the traditional way.

Amendment No. 44 adds the statutory instrument relating to consent to nomination to the list of repeals. Statutory instruments are technically instruments rather than enactments, and are revoked rather than repealed, which explains the words used in amendments Nos. 38 and 39. The amendments together make no substantive change to the Bill.

Mr. Hogg

I am grateful to the hon. Lady for her explanation, but I am still slightly perplexed about amendment No. 38. It refers to an instrument, but I look at schedule 4 and I cannot find an instrument. To what instrument is the amendment directed?

Ms Quin

I do not immediately have an answer to the right hon. and learned Gentleman's question. I am advised that the drafting amendment does not make a substantive change. I am happy to write to the right hon. and learned Gentleman—

Mr. Hogg

I am grateful to the hon. Lady, but we are being asked to amend the Bill. The premise of the amendment is that there is an instrument in the schedule. There is not an instrument in the schedule. That being so, why are we being asked to amend the Bill?

Ms Quin

Inspiration has just struck me. The regulation referred to is the regulation to which amendment No. 44 relates.

Mr. Hogg

With respect, that is not right. We are told that amendment No. 38 relates to clause 3. Subsection (3) of that clause reads: The enactments listed in Schedule 4 are hereby repealed to the extent specified. The Committee is referred to schedule 4. I see in schedule 4 only enactments, no orders. To what does the word "instrument" relate?

Ms Quin

If the right hon. and learned Gentleman looks at amendment No. 44, he will find the answer to his question. It refers to a change in schedule 4. The amendments are taken together as a group—I thought that the right hon. and learned Gentleman would be able to appreciate that fact.

Mr. Hogg

That is not good enough. We are talking about a particular amendment. Amendment No. 38 amends clause 3. Clause 3 relates to enactments in schedule 4. It can make sense only if there is an instrument in schedule 4, but there is no such reference in that schedule.

Mr. Beith

Amendment No. 44 inserts an instrument into schedule 4.

9.45 pm
Ms Quin

I think that the penny has dropped and the right hon. and learned Gentleman has realised that amendment No. 44 refers to schedule 4. I alluded to amendment No. 44 and the change that it makes to schedule 4 very clearly in my remarks.

Amendment agreed to.

Amendment made: No. 39, in page 4, line 5, after 'repealed' insert 'or revoked'.—[Ms Quin.]

Clause 3, as amended, ordered to stand part of the Bill.

Clause 4 ordered to stand part of the Bill.

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