Select Committee on Statutory Instruments Third Report


THIRD REPORT


The Select Committee on Statutory Instruments has agreed to the following Report:[1]

1. The Committee has considered the instruments listed in the Annex to this Report, and has determined that the special attention of the House does not require to be drawn to any of them.

DRAFT CARIBBEAN DEVELOPMENT BANK (FURTHER PAYMENTS) ORDER 2002

DRAFT AFRICAN DEVELOPMENT FUND (ADDITIONAL SUBSCRIPTIONS) ORDER 2002

2. The Committee draws the special attention of the House to the above instruments on the ground that there is, as yet, no power to make the Orders.

3. Both draft Orders require affirmative approval of the House of Commons under section 11(5) of the International Development Act 2002 before they can be made. The purpose of the Caribbean Development Bank (Further Payments) Order is to authorise the Secretary of State to make payment of a sum not exceeding £17,496,000 as a further contribution to the Special Development Fund of the Caribbean Development Bank in accordance with the arrangements made between the Government and that Fund. Similarly, the purpose of the African Development Fund (Additional Subscriptions ) Order 2002 is to authorise the Secretary of State to make payment of a sum not exceeding £40,000,000 as a further contribution to the African Development Fund in accordance with arrangements made between the Government and that Fund.

4. Section 11 of the 2002 Act (which repeals and re-enacts similar provisions in the Overseas Development and Co-operation Act 1980) provides that where the Government is bound to make a payment to a multilateral development bank, the Secretary of State may make the payment if it is approved by an order made by her with the approval of the Treasury after a draft of the Order has been laid before and approved by the House of Commons. Thus, the Secretary of State's power to make orders in terms of the drafts will only arise when: (a) the Government becomes bound to make the payments, and (b) the draft Orders are approved by the House. The voluntary memoranda submitted by the Department for International Development and printed in the Appendix explain that no obligation to make the payments will arise until an Instrument of Subscription is deposited by the United Kingdom. The draft Orders have been presented for approval of the House at this time in order to secure its approval before the deposit of the Instruments of Subscription, and to authorise the making of the Orders which would justify making the payments. Paragraph 9 of each memorandum contains an undertaking by the Secretary of State that no order will be made in terms of the draft until the Government is bound to make the payments on deposit of the Instruments of Subscription. The Committee has resolved to follow its usual practice[2] of reporting such Orders on the basis that, although there is, as yet, no power to make the Orders, there is no technical reason for the House not to approve the draft Orders: it should merely be aware that it is acting, as on occasions in the past, on a ministerial undertaking. The Committee reports the draft Orders accordingly.


1   The Order of Reference of the Committee is set out in the First Report, Session 2001-02 (HC 196-i) Back

2   Second Report of the Select Committee on Statutory Instruments (Session 2000-2001), and the earlier Reports of the Committee cited at footnote 1 at page 2 of the Second Report (Session 2000-2001). Back


 
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