HL Deb 30 March 1950 vol 166 cc684-5

5.38 p.m.

Order of the Day for the Second Reading read.

THE PARLIAMENTARY UNDERSECRETARY OF STATE FOR COMMONWEALTH RELATIONS (LORD HOLDEN)

My Lords, in asking your Lordships to give a Second Reading to this Bill, I am happy to inform the House that it is non-contentious in character and entirely of a technical nature. Nevertheless, I feel your Lordships would wish me to explain in a few sentences what are the provisions of this measure. At the time of the union of Newfoundland with Canada, on April 1, 1949, there were in existence a large number of United Kingdom Acts which contained references, express or implicit, to Newfoundland. These either are no longer appropriate or are superfluous now that Newfoundland has become a Province of Canada. The object of this Bill is solely to make the necessary amendments to United Kingdom legislation. The Bill is, consequently, purely a tidying-up measure, if I may be allowed to use that phrase. As will be realised, the task of examining United Kingdom legislation to ensure that, so far as possible, all necessary amendments were made, occupied some time. It was necessary to consult not only other Government Departments but also the Governments of Canada and Newfoundland. For this reason, and also owing to the dissolution of Parliament, it has not been possible to present this Bill earlier.

Clauses 1 and 2 carry out the main objectives of the Bill. It has also been considered wise to allow for the possibility of errors or omissions in the Schedule to the Bill, which details the United Kingdom Acts affected. Consequently, the Bill contains Clause 3 to permit of amendments being made by Order in Council. The object of this clause is, of course, to avoid the necessity of amending the Act should any such errors or omissions be found. Any Order in Council will have to be laid in draft before Parliament. I can give a fuller explanation of the clauses of this Bill if your Lordships so desire, but I think it is probable that you may not think it necessary. Therefore I beg to move that this Bill be read a second time.

Moved, That this Bill be now read 2–.a (Lord Holden.)

5.41 p.m.

LORD LLEWELLIN

My Lords, so far as we on these Benches are concerned, we have no objection to this measure. I should like to congratulate the noble Lord on the way in which he moved the Second Reading, which is, I believe, the first he has moved in this House. There is certainly nothing contentious in this Bill. The only part which might be contentious is the subsection which the noble Lord has explained to us. It is subsection (1) of Clause 3, and it is the kind of subsection which one always looks upon with suspicion. It says: His Majesty may by Order in Council make such further adaptations in any Act of Parliament of the United Kingdom passed before this Act, or in any instrument having effect under such Act, as appear to him necessary in consequence of Newfoundland's becoming part of Canada. One is always a little suspicious about an umbrella-like power to make Orders in Council. However, the noble Lord need not be worried, because subsection (2) still leaves it in our hands to object to the draft of any such Order should it go beyond what I have no doubt are the noble Lord's intentions. With those words, may I say that this Bill can go forward with our blessing?

On Question, Bill read 2a, and committed to a Committee of the Whole House.