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COMMONS AMENDMENT
176Clause 96, page 112, line 13, leave out 'nominate' and insert 'appoint'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 176. At the same time I shall speak to Amendments Nos. 180 and 234. Amendments Nos. 180 and 234 clarify the provisions in the current Clause 96. In doing so, the material has been substantially re-ordered, hence the rather lengthy appearance on the list of amendments.

Moved, That the House do agree with the Commons in their Amendment No. 176.—(Earl Ferrers.)

On Question, Motion agreed to.


COMMONS AMENDMENTS
177Page 112, line 18, after '42B(5)' insert ', 46B'.
178Page 112, line 22, leave out 'or 78G' and insert ', 78G or 78LB'.
179Page 112, line 26, after '96' insert '161B'.
180Page 112, line 43, leave out from beginning to end of line 34 on page 114 and insert:
'( ) Schedule (Delegation of appellate functions of the Secretary of State) to this Act shall have effect with respect to appointments under subsection (1) (a) above.'.
181Clause 99, page 115, line 17, leave out 'section 73' and insert 'sections 73, (National air quality strategy) and (Application of Part (Air Quality) to the Isles of Scilly)'.
182Page 115, line 18, after 'section' insert 'or section (Application of Part (Air Quality) to the Isles of Scilly)'.
183Page 115, line 25, after 'functions' insert '(other than functions under or by virtue of Part III or (Air Quality) of this Act)'.
184Page 115, line 29, after 'III' insert 'or (Air Quality)'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 177 to 184.

Moved, That the House do agree with the Commons in their Amendments Nos. 177 to 184.—(Earl Ferrers.)

On Question, Motion agreed to.


COMMONS AMENDMENT
185Clause 102, page 119, line 1, leave out 'not mentioned in that Schedule but'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 185. I shall also speak to Amendment No. 189. These two amendments ensure that when the Bill is brought into

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force, any consequential amendments to this or other legislation can be dealt with, and all necessary transitional and savings provisions can be made. Amendment No. 189 also allows provision to be made in Northern Ireland for countryside grants.

Moved, That the House do agree with the Commons in their Amendment No. 185.—(Earl Ferrers.)

Lord Williams of Elvel: My Lords, these are important amendments. I understand from what the noble Earl has said that the Government are trying to take powers to amend previous legislation and orders. These are regarded as consequential powers. I do not think that we should let these matters proceed without further explanation from the noble Earl as to why the Government wish to take the powers and what parliamentary approval will be available for the powers which the Government may wish to exercise.

Earl Ferrers: My Lords, as the noble Lord has said, it is perfectly true that these are important amendments. Perhaps I can try to put him out of his misery and to tell him a little more as to what they are about. I gather from the noble Lord that he is not miserable, so that makes the two of us. Amendment No. 185 widens the power in Clause 102 to make minor consequential amendments by regulations. It provides that the amendments which can be made to other enactments are not limited to those which are not mentioned in Schedule 18. This will ensure that any missed consequentials which are noted after the Bill has been brought into force can be corrected by regulation.

Amendment No. 189 inserts two new subsections into Clause 107 of the Bill. The first subsection extends the power for an appointed day order to make transitional provisions and savings in connection with the bringing into force of any of the provisions in the Bill. The second subsection will allow provisions corresponding to Clause 81 of the Bill to be made in Northern Ireland.

The negative resolution procedure is being provided on this occasion because the substance of the amendment has already been debated in this House and in another place. We are seeking to use scarce parliamentary time efficiently and effectively by providing for the Order in Council making provision in Northern Ireland to be subject to negative resolution, and so avoid going over ground which has already been the subject of debate in the House.

Lord Williams of Elvel: My Lords, before the noble Earl sits down, will he enlarge on that? Has the Delegated Powers Scrutiny Committee of this House had a look at this particular provision? So far as I am aware, there is no mechanism for it to do so. I believe that this is a matter that should be brought to that Committee because it allows, as a Commons amendment, which your Lordships are now being asked to accept, amendment by order of primary legislation. Is not that something that we have discussed in this House on many, many occasions? Is it not something that we ought to take more seriously than I think the noble Earl does at the moment? Should we not just note on the record that the Delegated Powers Scrutiny Committee ought also to look at Commons amendments

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when they come before your Lordships when they seek to amend primary legislation by order? That, after all, is the point of the Delegated Powers Scrutiny Committee.

8.30 p.m.

Earl Ferrers: My Lords, I can understand the noble Lord, Lord Williams of Elvel, wanting to know whether the Delegated Powers Scrutiny Committee has looked at this. What the Delegated Powers Scrutiny Committee does is to look at all Bills which are proposed to go before Parliament to see what delegated powers are being given by virtue of the Bills. However, what it cannot do is to look at amendments which have been made in another place before they come before your Lordships. That has not been done up to now and one of the reasons for that is simply because the timescale does not provide for it. That has not been part of the practice.

Lord Williams of Elvel: My Lords, I am grateful to the noble Earl. I think we would both agree that, if the Delegated Powers Scrutiny Committee has power given by this House to look at Bills coming before this House which give powers to Secretaries of State to amend primary legislation by regulation, it ought also to be able to look at Commons amendments. After all, that is the privilege of this House; to look at Commons amendments or indeed look at Bills in any form. I will leave it there on the record in the hope that those who may be attending to our proceedings can report them to the appropriate authorities. The Delegated Powers Scrutiny Committee, and the House, ought to be advised that it should have the right to look at Commons amendments and not just at the Bill when it first comes to us.

Lord Beaumont of Whitley: My Lords, I think that we on these Benches would like to associate ourselves with those remarks and I hope that the matter will be looked at.

On Question, Motion agreed to.


COMMONS AMENDMENTS
186Clause 103, page 120, line 15, at end insert:
'( ) The power to make an order under subsection (1) above shall be without prejudice to any power conferred by any other provision of this Act.'.
187Clause 107, page 122, line 28, after '74' insert ', paragraph 6(2) of Schedule 7'.
188Page 122, line 32, leave out from first 'section' to '(which' in line 33 and insert ', section (Validation of certain grants paid to local authorities in respect of expenditure relating to National Parks) above and paragraphs 62(8) (a) and 116 of Schedule 18 to this Act'.
189Page 122, line 43, at end insert:
'( ) The power conferred by subsection (4) above includes power to modify any enactment contained in this or any other Act.
( ) An Order in Council under paragraph 1(1) (b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 81 of this Act—

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(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 186 to 189. They have been spoken to before.

Moved, That the House do agree with the Commons in their Amendments Nos. 186 to 189.—(Earl Ferrers.)

On Question, Motion agreed to.


COMMONS AMENDMENT
190Clause 107, page 123, line 13, leave out subsection (9).

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 190. This deletes the privilege amendment which was inserted by your Lordships to ensure that the financial privilege of the House of Commons is not infringed.

Moved, That the House do agree with the Commons in their Amendment No. 190.—(Earl Ferrers.)

On Question, Motion agreed to.


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