HC Deb 22 July 1998 vol 316 cc1223-5
Mr. Malcolm Moss (North-East Cambridgeshire)

I beg to move amendment No. 37, in page 39, line 18, leave out 'including' and insert 'except'.

The First Deputy Chairman

With this it will be convenient to discuss the following amendments: No. 19, in clause 26, page 13, line 42, at end insert ', except that he shall not by order create criminal offences'. No. 36, in clause 72, page 33, line 34, after 'franchise', insert 'nor the creation of criminal offences'.

Mr. Moss

In the interests of getting through a little more business this evening, I shall be brief. The amendments deal with the creation of criminal offences by Order in Council. Amendment No. 37 refers to schedule 1; No. 36 to clause 72; and No. 19 to clause 26.

The powers conferred on the Secretary of State in schedule 1 refer to the poll on the future of Northern Ireland, and the powers in clause 26 relate to elections to the Northern Ireland Assembly, whereas the Government's powers in clause 72 refer to elections to district councils. In each case, the Bill gives the Government, either directly or through the Secretary of State, the power, by Order in Council, to create criminal offences relating to the elections. That is specifically referred to in schedule 1, and implicity referred to in clauses 26 and 72, as the power is not excluded.

Amendment No. 37 would change the word "including" in line 18 to "except", to make it clear that the Secretary of State does not have the power to create new categories of criminal offence by Order in Council.

Amendment No. 36 would insert in line 34 the words nor the creation of criminal offences after "franchise", making it crystal clear that creating such offences is not one of the Government's powers.

Amendment No. 19 would add the words except that he shall not by order create criminal offences to section 26(4).

We believe that an Order in Council is quite the wrong vehicle for such measures, which are best and most properly dealt with in primary legislation.

Mr. Paul Murphy

I am delighted that the hon. Gentleman has had an opportunity, even at a very late stage, to speak to that group of amendments. However—I fear that I shall have to disappoint him—the Government oppose the amendments. We believe that we have the power under those sections of the Bill to create criminal offences by orders.

Although there is nothing new about creating offences through subordinate legislation, I accept the hon. Gentleman's point that creating offences is an important decision. However, the ability is subject to the affirmative resolution procedure, which gives Parliament an opportunity fully to debate a draft order. I should draw the Committee's attention to the Northern Ireland Negotiations (Referendum) Order 1998 and the New Northern Ireland Assembly (Elections) Order 1998—with which I know the hon. Gentleman was involved. Those measures were debated by the House only a couple of months ago, and included provisions to combat electoral fraud, which I know is a particular concern of Northern Ireland Members.

We believe that it is very important for the opportunities and flexibility offered by the Bill to be maintained. I must disappoint the hon. Gentleman. We resist the amendments.

Mr. Moss

The Minister did not say that legislation for England, Wales or Scotland, for example, contains provision for such a procedure. Is he simply saying that the procedure should apply only to Northern Ireland? If so, why is it necessary that important measures—providing the ability to create new criminal offences in elections, for example—should pertain only to Northern Ireland? Should not the House have an opportunity to discuss such provisions in primary legislation on the Floor of the House and in Committee rather than by affirmative resolution of an Order in Council?

Mr. Murphy

I take the hon. Gentleman's point. The Opposition expressed similar doubts when we were considering the legislation on Scotland. However, I believe that there are special circumstances, and that—in some of the points we are dealing with on electoral offences—there is a need for speed of legislation. I would be the last person to delay any change in law designed to stamp out electoral fraud, wherever it might exist.

Mr. Moss

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 1 agreed to.

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