§ 2.47 p.m.
§ LORD LUCAS OF CHILWORTHMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government when it is proposed to lay the new code of rules of procedure for the conduct of administrative inquiries before the House and what form this will take.]
§ THE LORD CHANCELLOR (VISCOUNT KILMUIR)My Lords, it is proposed to lay before the House next Friday rules of procedure relating to appeals to the Minister of Housing and Local Government under Section 16 of the Town and Country Planning Act, 1947, and the Town and Country Planning (Control of Advertisements) Regulations, 1960, as well as rules of procedure for inquiries into proposals by local authorities for the compulsory acquisition of land. These rules will be contained in statutory instruments which will be subject to the Negative Resolution procedure.
§ LORD LUCAS OF CHILWORTHMy Lords, I thank the noble and learned Viscount for his reply. Am I to assume from it that he has, unfortunately, found himself unable to accept the suggestion I made during the debate we had upon these rules of procedure in December last: that they should be laid before your Lordships' House in the form of a White Paper, instead of in a statutory instrument subject to the Negative Resolution procedure, to enable your Lordships to debate them if your Lordships so desired?
§ THE LORD CHANCELLORYes, my Lords. I am bound by Section 7A of the Tribunals and Inquiries Act, which the 139 noble Lord will remember we inserted in the Town and Country Planning Act, 1959. That section states:
The power to make rules under this section shall be exercisable by statutory instrument; and any instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.I am quite sure, however, that the ingenuity of my noble friend Lord Lucas of Chilworth will find a substitute for the procedure which he would have liked. Of course, he can put a Prayer to the regulations and I will consider with great sympathy any points that are raised on the Prayer. I think the House would feel it would be a perfectly legitimate way of using a Prayer, to have some discussion of the rules, and for those of your Lordships who have suggestions to make them at that time.
§ LORD LUCAS OF CHILWORTHMy Lords, I am even more thankful to the noble and learned Viscount for the courtesy of his reply. From that, I assume that he will not take it amiss if I lay a Prayer for their annulment in order to allow the House to debate them, and to hear the explanation from the noble and learned Viscount, which I am sure will be entirely satisfactory to your Lordships' House.
§ THE LORD CHANCELLORIf I may reply to that in a sentence, may I say that I should never take anything amiss which would give me the chance of hearing a speech from my noble and learned friend.