HL Deb 08 April 1971 vol 317 cc428-33

11.55 a.m.

THE EARL OF LISTOWEL

My Lords, in moving the Motion that stands in my name on the Order Paper, I should like to explain very briefly the purpose of the Amendments which I am asking your Lordships to agree to this morning and the procedure which I would propose to follow.

There are, as your Lordships will observe, a very large number of Amendments, and I have divided them into three separate groups according to their subject matter. I should like to make some brief remarks in explanation of each group, and then for the convenience of the House I propose, with leave, to move each separate group of Amendments en bloc.

The Amendments comprising group I are proposed to give effect to a number of transfer of functions orders made under the Ministers of the Crown (Transfer of Functions) Act, 1946, which, as the House knows, changed the nomenclature and functions of Government Departments. That is all that is proposed by the Amendments in this group.

The Amendments in the second group are designed to make it possible for Petitioners against Private Bills and other documents at present required to be signed by the party concerned to be signed by the Parliamentary agent acting on his behalf. This relaxation of the existing rules follows representations that have been made, that it is sometimes difficult for such documents to be signed and sealed by the parties themselves within the strict time limits laid down by the Standing Orders. Amendments similar to those proposed in groups I and 2 have already been agreed to by the House of Commons, and these Amendments will bring us into line with those that have been accepted by another place.

The third group amends certain Standing Orders, peculiar to this House, relating to Personal Bills which provide for the protection of infants whose interests are affected by such Bills. These Amendments are to comply with Section 1 of the Family Law Reform Act 1969 and Section 1 of the Age of Majority (Scotland) Act 1969, whereby a person comes of age on attaining the age of 18, instead of on attaining the age of 21. The immediate need for these particular Amendments has arisen because, under the provision of Standing Order 167, a guardian has actually been appointed to protect the interests of a person of 19 who is or may be affected by a Personal Bill. The House will appreciate that it is inconsistent with the general law that our Standing Orders relating to Private Business should continue to require special protection of a person who has attained the age of 18. I beg to move.

Moved, That the Standing Orders relating to Private Business be considered with a view to their amendment.—(The Earl of Listowel.)

On Question, Motion agreed to.

AMENDMENTS TO GIVE EFFECT TO ORDERS MADE

UNDER TILE MINISTERS OF THE CROWN

(TRANSFER OF FUNCTIONS) ACT 1946

Standing Order 22

Line 21: leave out "Postmaster General "and insert Post Office".

Standing Order 27

Lines 61 and 62: leave out from "the" in line 61 to the end of line 62 and insert "Department of the Environment".

Standing Order 29

Line 8: leave out "Ministry of Transport" and insert "Department of the Environment''.

Line 9: leave out "Ministry" and insert "Department".

Lines 9 and 10: leave out "at the Ministry of Housing and Local Government ".

Standing Order 30

Line 5: leave out "Ministry of Power" and insert "Department of Trade and Industry".

Line 6: leave out "Ministry of Housing and Local Government" and insert "Department of the Environment".

Standing Order 30A

Lines 4 and 5: leave out "Ministry of Housing and Local Government" and insert "Department of the Environment".

Standing Order 31

Line 6: leave out "Board of Trade" and insert "Department of Trade and Industry, at the Office of the Crown Estate Commissioners".

Line 7: leave out "(Navy Department)".

Standing Order 34

Lines 3 and 4: leave out "or to a work of any description on the foreshore".

Line 10: leave out "Ministry of Transport" and insert "Department of the Environment".

Standing Order 37

Line 14: leave out "Ministry of Housing and Local Government" and insert "Department of the Environment".

Standing Order 39

Line 1: leave out from the beginning to the end of line 11 and insert "On or before the fourth day of December printed copies of every Bill shall be deposited as follows: three at the Department of the Environment; two at the Department of Social Services and at the Ministry of Posts and Telecommunications and one at the Treasury, the Department of Trade and Industry, the Home Office, the Ministry of Agriculture, Fisheries and Food, the Civil Service Department, the Ministry of Defence, the Department of Employment, the Office of the Crown Estate Commissioners and the Office of the Duchy of Lancaster."

Lines 11 to 38: leave out paragraphs (2) and (3).

Standing Order 45

Lines 29 and 30: leave out "pier, or works of any description on the foreshore" and insert "or pier".

Line 31: leave out "Ministry of Transport" and insert "Department of the Environment".

Standing Order 46

Lines 4 and 5: leave out "Board of Trade or Ministry of Housing and Local Government" and insert "Department of Trade and Industry or Department of the Environment".

Line 5: leave out "Offices" and insert "Departments".

Line 5: leave out "or Ministry of Land and Natural Resources".

Standing Order 47

Lines 10 and 11: leave out "Ministry of Housing and Local Government" and insert "Department of the Environment".

Standing Order 131

Line 5: leave out "Ministry of Transport" and insert "Department of the Environment".

Line 7: leave out "Ministry" and insert "Department".

Standing Order 132

Line 7: leave out "Ministry of Transport" and insert "Department of the Environment".

Line 9: leave out "Ministry "and insert "Department".

Standing Order 139

Line 11: leave out "Ministry of Transport" and insert "Department of the Environment".

Line 22: leave out "Ministry of Transport" and insert "Department of the Environment".

Standing Order 140

Line 4: leave out from the beginning to the first "the" in line 6 and insert "the Department of Trade and Industry or the Department of the Environment".

Lines 8 and 9: leave out "Board or Ministry" and insert "Department".

THE EARL OF LISTOWEL

My Lords, with the leave of the House, I beg to move that the first group of these Amendments be agreed to en bloc.

Moved accordingly, and, on Question, Motion agreed to.

AMENDMENTS TO ENABLE PETITIONS ETC AGAINST BILLS TO BE SIGNED BY THE PAR LIAMENTARY AGENT CONCERNED ON BEHALF OF HIS CLIENT

Standing Order 1

Line 66: At end insert Any provision in these Orders requiring or authorising a Petition or other document to be signed by any person shall, where that person is a body corporate, he construed as requiring or authorising the Petition or document to be signed by the Agent for the body corporate or any other person acting under the authority of the body corporate, expressed or implied.

Provided that, if the Petition is for a Bill or for an additional provision, the Petition shall be under the seal of the body corporate."

Standing Order 73

Line 2: after "shall" insert "be signed by the Petitioner and shall".

Standing Order 76

Line 3: after "Examiners" insert "and signed by those parties or their Agents".

Line 7: after "Orders" insert "or his Agent".

Line 12: after "although" insert "neither".

Line 14: leave out "has not" and insert "nor his Agent has".

Standing Order 77

Line 6: after "Examiners" insert "and signed by him or his Agent".

Standing Order 79

Lines 3 and 4: leave out "by the Agent who deposited the Memorial" and insert "his Agent".

Line 5: leave out "signed by" and insert "deposited by or on behalf of".

Lines 5 and 6: leave out "person signing the Memorial" and insert "of those persons".

Standing Order 83

Line 17: after "Examiners" insert "and signed by those parties of their Agents ". Line 21: after "Orders" insert "or his Agent".

Standing Order 88

Line 9: after "be "insert" signed by the party or his Agent and".

Standing Order 101

Line 3: after "Petition" insert" "is signed by the Petitioner or his Agent and".

Standing Order 103

Lines 3 and 4: leave out "by the Agent who deposited the Petition' and insert "his Agent ".

Lines 4 and 5: leave out "signed by" and insert "deposited by or on behalf of".

Line 5: leave out "person signing the Petition" and insert "of those persons".

Standing Order 109

Line 15: after "Petition" insert "signed as required by Standing Order 101".

Standing Order 123

Lines 3 and 4: leave out "Agent for the Bill" and insert "Promoters of the Bill or their Agent ".

Line 5: after "the" insert "Promoters or their ".

Standing Order 150

Line 4: at end insert "Promoters or their ".

Standing Order 154

Line 25: leave out "Agent for the Bill" and insert Promoters of the Bill or their Agent ".

Standing Order 181

Line 19: after "although" insert "neither".

Line 21: leave out "has not" and insert "nor his Agent has".

Standing Order 184

Line 1: after "be" insert "signed by the Petitioner or his Agent and"

Standing Order 206

Line 2: after "be" insert "signed by the Petitioner or his Agent and".

Standing Order 207

Line 5: after "Chairman" insert "and signed by him or his Agent".

Standing Order 210

Lines 10 & 11: leave out "presenting the Counter-Petition" and insert by whom or on whose behalf the Counter-Petition is presented ".

Line 16: at end insert "signed by the counter-petitioner or his Agent and ".

Line 23: leave out "depositing it" and insert "by or on whose behalf it is deposited".

Line 25: leave out or Agent who signed "and insert" who signed or whose Agent signed ".

Standing Order 211

Line 4: leave out from "or" to "and" in line 5 and insert "his Agent".

Line 6: leave out "signed by" and insert "deposited by or on behalf of".

Line 7: leave out from "any" to "may" in line S and insert "of those persons".

standing Order 216

Line 47: after "be" insert "signed by the Petitioner or his Agent and".

THE EARL OF LISTOWEL

My Lords, with the leave of the House, I beg to move that the second group of these Amendments be agreed to en bloc.

Moved accordingly, and, on Question, Motion agreed to.

AMENDMENTS TO STANDING ORDERS RELATING TO PERSONAL BILLS TO COMPLY WITH SECTION I OF THE FAMILY LAW REFORM ACT 1969 AND SECTION 1 OF THE AGE OF MAJORITY (SCOTLAND) ACT 1969.

Standing Order 167

Line 1: after "which" insert "a person who has not attained the age of eighteen, herein-after referred to as".

Standing Order 168

Line 1: leave out "under age" and insert "who has not attained the age of eighteen".

Standing Order 170

Line 7: leave out "is of lawful age and" and insert "has attained the age of eighteen and was".

Line 16: leave out "is of full age and" and insert" has attained the age of eighteen and was".

Line 25: leave out "is of full age" and insert "has attained the age of eighteen".

Line 53: leave out "twenty-one" and insert "eighteen".

THE EARL OF LISTOWEL

My Lords, I beg to move that the last group of these Amendments be agreed to.

Moved accordingly, and, on Question, Motion agreed to.