HL Deb 20 December 2004 vol 667 cc1596-7

6.59 p.m.

Proceedings after Third Reading resumed on Clause 15.

[Amendments Nos. 16 and 17 not moved.]

Clause 16 [First members of the Court]:

[Amendment No. 18 not moved.]

Lord Lloyd of Berwick

My Lords, it may be for the convenience of the House if I say that I shall not be moving any of the amendments that were dependent on the vote on the Supreme Court having gone the other way. That includes the whole of this group; Amendments Nos. 28 to 33; Amendments Nos. 35 and 36; Amendments Nos. 40 to 45; and Amendments Nos. 48 to 51. That is as far as I have got in seeing what I am not going to move. Putting it the other way, I shall be moving, I think with the assistance of the noble Lord, Lord Maclennan, Amendments Nos. 148 and 149, which stand on a different footing. Given a few minutes, I should be able to say what other amendments I am not moving.

[Amendment No. 19 not moved.]

Clause 17 [Qualification for appointment]:

[Amendment No. 20 not moved.]

Clause 18 [Selection of members of the Court]:

[Amendments Nos. 21 to 26 not moved.]

Clause 22 [Exercise of powers to reject or require reconsideration]:

[Amendment No. 27 not moved.]

Clause 24 [Oath of allegiance and judicial oath]:

[Amendment No. 28 not moved.]

Clause 25 [Tenure]:

[Amendment No. 29 not moved.]

Clause 26 [Salaries and allowances]:

[Amendment No. 30 not moved.]

Clause 27 [Resignation and retirement]:

[Amendment No. 31 not moved.]

Clause 28 [Medical retirement]:

[Amendment No. 32 not moved.]

Clause 29 [Pensions]:

[Amendment No. 33 not moved.]

Clause 30 [Acting Judges]:

[Amendments Nos. 34 and 35 not moved.]

Clause 31 [Supplementary panel]:

[Amendment No. 36 not moved.]

Clause 32 [Jurisdiction]:

Baroness Ashton of Upholland moved Amendment No. 37:

Page 15, line 17, leave out "this Act or any other" and insert "any"

The noble Baroness said: My Lords, these provisions define enactment in subordinate legislation for the purposes of the Bill. Different parts of the Bill extend to different parts of the United Kingdom and it is necessary to define the terms to reflect that. In those parts of the Bill that apply throughout the United Kingdom, "enactment" is defined to include Acts of the Scottish Parliament and Northern Ireland legislation. In those parts that extend to England and Wales and Northern Ireland only, "enactment" refers to Acts of this Parliament and Northern Ireland legislation and, where necessary, Measures of the Church of England only. The aim of these amendments is to remove any possibility of uncertainty about the meaning of the terms "enactment" and "subordinate legislation" in different parts of the Bill,

Amendments Nos. 37, 57 and 74 to 77 make consequential amendments across the Bill on account of the new definitions of "enactment" and "subordinate legislation". I beg to move.

Baroness Carnegy of Lour

My Lords, does Amendment No. 39, which I think is in the group to which the Minister was speaking, change the position in relation to legislation in Scotland via the Scots Parliament as it stands now, vis-à-vis the Appellate Committee of the House of Lords?

Baroness Ashton of Upholland

My Lords, Amendment No. 39 is not part of this 15th group of amendments. The noble Baroness will see that it consists of Amendments Nos. 37, 57, 72, 73, 74, 75, 76 and 77. I am sure we can address her concern when we reach Amendment No. 39.

Baroness Carnegy of Lour

My Lords, I apologise.

On Question, amendment agreed to.

[Amendment No. 38 not moved.]

Baroness Ashton of Upholland moved Amendment No. 39:

After Clause 32, insert the following new clause—