HC Deb 18 November 1998 vol 319 cc1071-2

Lords amendment: No. 161, after clause 68, to insert the following new clause—Legislative power to remedy ultra vires acts— .—(1) The Secretary of State may by order make such provision as he considers necessary or expedient in consequence of—

  1. (a) any provision of an Act of the Assembly which is not, or may not be, within the legislative competence of the Assembly; or
  2. (b) any purported exercise by a Minister or Northern Ireland department of his or its functions which is not, or may not be, a valid exercise of those functions.
(2) An order under this section may—
  1. (a) make provision having retrospective effect;
  2. (b) make consequential or supplementary provision, including provision amending or repealing any Northern Ireland legislation, or any instrument made under such legislation;
  3. (c) make transitional or saving provision."

Mr. Ingram

I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker

With this, it will be convenient to take Lords amendments Nos. 167 to 177 and 201 to 204.

Mr. Ingram

The amendments concern delegated powers. Most of them are technical. However, amendment No. 171 deals with a provision that has caused some concern and considerable debate. The issue has been raised in earlier debates.

Old clause 71, drawing on the Northern Ireland Constitution Act 1973, permitted orders in council to make provision about any reserved matter. We have re-examined the issue, taking into account the views expressed by various parties, and come to the conclusion that there is still a need to retain some of those powers. However, we have taken into account the views expressed and have cut back the matters that can be covered and introduced a consultation mechanism by which the views of the Assembly can also be taken into account. I commend the amendments to the House.

Mr. Öpik

Amendment No. 169 refers to deleting the phrase "United Kingdom". That is not a great problem, but there is still an inconsistency in some places about how Ireland is referred to. That has caused problems in the past. In one notorious legal case—Ellis v. O'Dea—papers demanding the extradition of an Irish suspect to the UK were turned down on appeal in the Dublin courthouse because they referred to the Republic of Ireland rather than Ireland. We must be meticulous in ensuring that the phrases that we use are consistent.

Mr. McNamara

Will my hon. Friend give an undertaking that orders in council that might be forthcoming on fair employment will not be implemented until the Assembly has had an opportunity to look at them?

Mr. Ingram

There is no inconsistency on the point made by the hon. Member for Montgomeryshire (Mr. Öpik). We refer to the Government of Ireland, except when the word "Republic" is required for clarity. The parliamentary draftsmen have been precise, and are conscious of the problem.

Any matters that remain to be dealt with before the Assembly comes into place will need to be proceeded with. The Government still have important issues to deal with. We have to proceed as best we can on the present basis before the full Assembly is up and running. The Government intend to legislate on fair employment before devolution is fully in place.

Lords amendment agreed to.

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