HL Deb 24 July 1978 vol 395 cc722-3

65 Clause 81, page 32, line 43, at end insert— ("(4) If a resolution under section 80(4) has been moved in each House of Parliament, but has not been passed by both Houses, the Secretary of State shall lay before Parliament the draft of an Order in Council providing for the repeal of this Act.")

The Commons disagreed to the above Amendment for the following Reason:

66 Because disagreement about commencement does not justify repeal of the Act.

6.19 p.m.

Lord HARRIS of GREENWICH

My Lords, I beg to move that this House doth not insist on the said Amendment to which the Commons have disagreed for the Reason numbered 66. This Amendment moors one to the Scotland Bill. It seeks to oblige the Secretary of State to lay on order for the repeal of the Wales Act if both Houses of Parliament have not affirmed the commencement Resolution. The rejection by the other place of the identical Amendment to the Scotland Bill was accepted by your Lordships last Thursday after a short debate. The other place disagreed to the Amendment after substantial discussion, by a majority of 48 votes. This Amendment to the Wales Bill was also disagreed to by the other place, on this occasion by 284 votes to 266 votes. In view of the decision taken by your Lordships' House on the identical provision of the Scotland Bill and in the light of the Divisions in another place, I trust that this Amendment will not be insisted upon. I beg to move.

Moved, That this House doth not insist on Amendment No. 65, to which the Commons have disagreed for the Reason numbered 66.—(Lord Harris of Greenwich.)

Lord ELTON

My Lords, in this case the argument of symmetry with Scotland is a compelling one. However, I think it is strange that the noble Lord, Lord Harris, who waxed so firmly eloquent about keeping every unnecessary sentence out of the Statute Book when we were at the Committee stage, should be prepared for whole Acts to moulder like leaf mould when they cease to be activated. However, let us press on.

Lord HARRIS of GREENWICH

My Lords, I do not wish to delay the House, but I was just quoting, with approval, words of the noble and learned Lord, Lord Hailsham of Saint Marylebone, on that occasion.

Lord ELTON

My Lords, that is the most unfair revelation of a source that I have ever encountered.