LAYING OF DOCUMENTS BEFORE PARLIAMENT (INTERPRETATION) BILL, [H.L.] (Hansard, 19 July 1948)

§ The LORD CHANCELLOR (VISCOUNT JOWITT)
I may perhaps explain 898 these Amendments together. I am sorry that I have had to put down any Amendments, but I do so at the request of the most reverend Primate the Lord Archbishop of Canterbury. Some question has arisen in regard to Measures passed by the Church Assembly. As I am sure your Lordships know, such. Measures receive the Royal Assent, but it is possible that there might be passed a Measure which receives the Royal Assent and which in itself provides for the laying of subordinate instruments. It is obviously desirable that the code we have for the laying of subordinate instruments under the Act of Parliament should apply equally to the laying of subordinate instruments under a Measure passed by the Church Assembly and approved by this House. That is all there is behind these Amendments, and accordingly I beg to move.

§ The LORD CHANCELLOR
My Lords, I beg to move that this Bill be now read a Third time.

§ VISCOUNT SIMON
My Lords, I entirely agree that the Bill should be read a Third time, and I am glad on behalf of myself and my friends to express our support of it. There is one matter which I mentioned privately to a member of the Government and which I would now venture to 899 mention publicly. I think that if the Statutory Instruments Act, 1946, is examined with the care and skilled knowledge which the Lord Chancellor has at his command, he will be disposed to agree with me that when the proviso is read (if I remember rightly, it begins "provided that if it is essential" a document may be laid when we are not sitting) the intention must be—and I should have thought the proper construction of the proviso was—that, should the Minister find it to be essential to make an order when Parliament is not in Session, the explanation which ought to accompany his notice is an explanation as to why he thinks it essential. I know that another practice has grown up, but I have so much respect for the noble and learned Viscount that I do not think that that would in the least affect his mind. It seems to me that the Statute provides, in the first place, that these subordinate orders should be laid before Parliament; and then, by way of exception, it goes on to provide that in a case where it is essential that the order should be made when Parliament is not sitting, the Departmental Minister shall supply the reason. I respectfully submit that that really means the reason why the order is essential. A practice has grown up recently of saying that all the Minister has to do is to say that the reason is that Parliament is not sitting.
I do no more now than ask that the noble and learned Viscount on the Woolsack should consider the point, because it may be that when we come to examine the Standing Order—which we have not done yet—we ought to bear it in mind. I apologise for delaying your Lordships, but this is a point which has been rather on my mind for some time, and I thought it was right that I should state it now, in order that it might be considered before the final form of the Standing Order under this new Bill was presented. I think it is a serious point and worthy of consideration.

§ THE LORD CHANCELLOR
The noble and learned Viscount is quite right; and the point that he has indicated shall be examined by those who are dealing with the matter.