HL Deb 29 October 1996 vol 575 cc232-4
The Chairman of Committees

My Lords, I beg to move the second Motion standing in my name on the Order Paper. In doing so I must apologise to your Lordships and to the noble Lord, Lord Prys-Davies, for the misspelling of his name in the Motion. It appears in the Motion as Lord Pry-Davies. That is not only wrong but Pry-Davies might give quite the wrong impression, for that distinguished Member of your Lordships' House is neither a prying person nor anything of that kind save, perhaps, in the best traditions of your Lordships' House as a person with an inquiring and investigative mind. I shall seek, with your Lordships' permission, to put the mistake right and therefore beg to move the Motion as amended.

Moved, That a Select Committee of seven Lords be appointed to join with any Committee appointed by the Commons to consider:

  1. (1) Every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament; being
    1. (a) a statutory instrument, or a draft of a statutory instrument;
    2. (b) a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by statutory instrument;
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    3. (c) any other instrument (whether or not in draft), where the proceedings in pursuance of an Act of Parliament are proceedings by way of an affirmative resolution; or
    4. (d) an Order subject to special parliamentary procedure;
    but excluding any Order in Council or draft Order in Council made or proposed to be made under paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 and any draft order proposed to be made under Section 1 of the Deregulation and Contracting Out Act 1994; and
  2. (2) Every general statutory instrument not within the foregoing classes, and not required to be laid before or to be subject to proceedings in the Commons only, but not including Measures under the Church of England Assembly (Powers) Act 1919 and instruments made under such Measures;

with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds—

  1. (i) that it imposes a charge on the public revenues or contains provisions requiring payments to be made to the Exchequer or any government department or to any local or public authority in consideration of any licence or consent or of any services to be rendered, or prescribes the amount of any such charge or payments;
  2. (ii) that it is made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts, either at all times or after the expiration of a specific period;
  3. (iii) that it purports to have retrospective effect where the parent statute confers no express authority so to provide;
  4. (iv) that there appears to have been unjustifiable delay in the publication or in the laying of it before Parliament;
  5. (v) that there appears to have been unjustifiable delay in sending a notification under the proviso to subsection (1) of Section 4 of the Statutory Instruments Act 1946, where an Instrument has come into operation before it has been laid before Parliament;
  6. (vi) that there appears to be a doubt whether it is intra vires or that it appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;
  7. (vii) that for any special reasons its form or purport call for elucidation;
  8. (viii) that its drafting appears to be defective;
or on any other ground which does not impinge on its merits or on the policy behind it, and to report their decision with the reasons thereof in any particular case;

That as proposed by the Committee of Selection the following Lords be named of the Committee:

That two be the quorum of the Committee;

That the Committee have power to agree with any Committee appointed by the Commons in the appointment of a Chairman;

That the Committee have power to appoint one or more Sub-Committees severally to join with any Sub-Committee or Sub-Committees appointed by any Committee appointed by the Commons; and to refer to such Sub-Committee or Sub-Committees any of the matters referred to the Committee;

That it be an instruction to the Committee that they do not consider any instrument which is directed by Act of Parliament to be laid before and to be subject to proceedings in the Commons only; and that the Committee do not join with any Committee appointed by the Commons in considering any such instrument;

That it be a further instruction to the Committee that, before reporting that the special attention of the House be drawn to any instrument, the Committee do afford to any Government department concerned therewith an opportunity of furnishing orally or in writing to them or to any Sub-Committee of the Committee such explanations as the department think fit;

That the Joint Committee have leave to report from time to time; and

That the Committee do meet with any Committee appointed by the Commons on Tuesday 29th October at a quarter-past four o'clock.—(The Chairman of Committees.)

Lord Elis-Thomas

My Lords, perhaps I may briefly intervene to point out that the Welsh language version of "pry" translates into English as "fly".

The Chairman of Committees

My Lords, I am very grateful that this afternoon we have had more than one lesson in the Welsh language.

On Question, Motion agreed to, and a Message was sent to the Commons to acquaint them therewith.