HL Deb 10 November 1998 vol 594 cc645-6

(".—(1) Subject to subsection (2), the following enactments shall not be modified by an Act of the Assembly or subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department—

  1. (a) the European Communities Act 1972;
  2. (b) the Human Rights Act 1998; and
  3. (c) sections 78 to 80, subsections (3) and (4) of section 89 and section 92.

(2) Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying section 3(3) or (4) or 11(1) of the European Communities Act 1972.").

On Question, amendment agreed to.

Clause 8 [Scrutiny by Ministers]:

Lord Williams of Mostyn moved Amendment No. 10:

Page 4, line 8, leave out ("Northern Ireland").

The noble Lord said: My Lords, in moving this amendment I shall speak also to Amendment No. 11. Amendment No. 10 modifies Clause 8 to take account of the possibility that the First Minister and the Deputy First Minister may introduce Bills as well as departmental Ministers, who are referred to in the Bill as "Northern Ireland Ministers"—the expression that appears at present in Clause 8. The possibility of the First and Deputy First Ministers presenting legislation is all the greater if an "office of the centre" under those two Ministers is established, as later amendments to Clause 19 would now permit.

Because we are now substituting the general term "Minister" in Clause 8, it becomes appropriate to move back to that clause the omnibus definition of Ministers, and this is the effect of Amendment No. 11. Your Lordships will recall that it was indicated in Committee that we need to do some tidying up. Indeed, I believe your Lordships invited us to do so, in the context of Ministers. That is what these amendments are designed to achieve. I beg to move.

Lord Cope of Berkeley

My Lords, I do not entirely approve of transferring the definition of "Minister" to this clause, but we shall discuss that in relation to another amendment when I propose that the definition of "Minister" should be inserted with the main body of definitions in the interpretation clause, Clause 92. With that reservation, I believe that the substance of what is happening as regards the First Minister and the Deputy First Minister is entirely acceptable.

On Question, amendment agreed to.

Lord Williams of Mostyn moved Amendment No. 11:

Page 4, line 12, at end insert— ("(3) In this Act "Minister", unless the context otherwise requires, means the First Minister, the deputy First Minister or a Northern Ireland Minister.").

On Question, amendment agreed to.

Lord Williams of Mostyn moved Amendment No. 12:

After Clause 10, insert the following new clause—