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Lord Holme of Cheltenham: I thank the noble Lord for those comments. In the circumstances I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Dubs moved Amendment No. 271:


Page 46, line 2, at end insert--
("( ) any matter within paragraph 4 of Schedule 2 to this Act.").

On Question, amendment agreed to.

Lord Dubs moved Amendment No. 272:


Page 46, line 3, leave out ("matters dealt with by") and insert ("subject-matter of").

On Question, amendment agreed to.

[Amendment No. 273 not moved.]

Lord Dubs moved Amendment No. 274:


Page 46, leave out lines 22 and 23 and insert--
(". Intellectual property but not the subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).").

The noble Lord said: This amendment updates the definitions in Schedule 3, "Reserved matters". Amendment No. 274 updates the terminology to reserve the whole subject of intellectual property. I beg to move.

On Question, amendment agreed to.

27 Oct 1998 : Column 1873

Lord Dubs moved Amendment No. 275:


Page 46, leave out lines 25 to 27 and insert--
(". Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).").

The Deputy Chairman of Committees (Baroness Lockwood): If this amendment is accepted, I cannot call Amendment No. 276.

On Question, amendment agreed to.

[Amendment No. 276 not moved]

Lord Dubs moved Amendment No. 277:


Page 46, line 34, at end insert--
(". Research Councils within the meaning of the Science and Technology Act 1965.").

The noble Lord said: Amendment No. 277 will reserve Research Councils within the meaning of the Science and Technology Act 1965 and follows a similar reservation in the Scotland Bill. I beg to move.

On Question, amendment agreed to.

Lord Dubs moved Amendment No. 278:


Page 46, line 34, at end insert--
(" . Areas in which industry may qualify for assistance under Part III of the Industrial Development Act 1982.").

The noble Lord said: Amendment No. 278 makes a designation of assisted areas within the meaning of the Industrial Development Act 1982 a reserved matter. This is in line with a similar reservation in the Scotland Bill. I beg to move.

On Question, amendment agreed to.

Lord Dubs moved Amendment No. 278A:


Page 46, line 35, at end insert--
(" . Technical standards and requirements in relation to products in pursuance of an obligation under Community law but not standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides.").

The noble Lord said: The effect of this amendment is to reserve various matters relating to product standards and requirements in pursuance of an obligation under Community law but not in relation to food, agricultural and horticultural produce, fish or fish products, seeds, animal feed-stuff, fertilisers and pesticides.

The imposition of specified requirements and standards relating to goods, such as labelling and certain environmental aspects, is intended to reduce barriers to trade by harmonising essential requirements in order to provide a high level of protection in the field of product standards. I beg to move.

Lord Cope of Berkeley: I was interested to note that several of these amendments have been recommended to us on the sole ground that they are in line with the Scotland Bill, which is not quite the message we were hearing earlier. However, as regards this amendment, I was not quite clear whether the standards and requirements in relation to food and other matters are

27 Oct 1998 : Column 1874

therefore to be transferred matters. From the Minister's comments just now it sounded as if they might be excepted matters, but I do not think that is the case under the Bill.

Lord Dubs: The effect of the amendment is to reserve various matters relating to product standards and requirements in pursuance of an obligation under Community law. I have listed products which were not covered. The rest would be reserved.

Lord Cope of Berkeley: Are the matters which are not covered transferred or are they excepted?

Lord Dubs: Yes, I understand that is the case.

Lord Cope of Berkeley: Which does the Minister understand is the case: that they are reserved or that they are excepted? It may be a moment before inspiration hits the Minister. He appeared to be saying that they were excepted matters. Perhaps inspiration has now arrived.

Lord Dubs: Inspiration has hit me suddenly. They are transferred matters.

On Question, amendment agreed to.

Lord Dubs moved Amendment No. 279:


Page 46, line 36, leave out ("making and revision of plans under section 3(5)") and insert ("subject-matter of section 3(5) to (7)").

On Question, amendment agreed to.

Lord Dubs moved Amendment No. 280:


Page 46, line 40, after ("1984;") insert--
("( ) the Data Protection Act 1998;").

The noble Lord said: This is a technical amendment to update the reservation in respect of data protection in order to take account of the 1998 Act. I beg to move.

On Question, amendment agreed to.

Lord Dubs moved Amendment No. 281:


Page 46, leave out line 43.

On Question, amendment agreed to.

[Amendment No. 282 not moved.]

Lord Dubs moved Amendment No. 282A:


Page 47, line 3, at end insert--
(" . Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals--
(a) in Part III, sections (Junior Ministers) and 21;
(b) in Part IV, sections 32, 35(7), and 36(8) and Schedule 6;
(c) in Part VI, sections 58, 59(3) and (4) and 60 and Schedules 9 and 10;
(d) in Part VII, sections (Effect of certificates), (The Tribunal), (Appeals from the Tribunal) and 75 and Schedule (Tribunal established under section (The Tribunal)).
This paragraph does not apply to--
(i) any matter in respect of which it is stated by this Act that provision be made by Act of the Assembly; or
(ii) any matter to which a description specified in this Schedule or Schedule 2 is stated not to apply.").

27 Oct 1998 : Column 1875

On Question, amendment agreed to.

On Question, Whether Schedule 3, as amended, shall stand part of the Bill?

Lord Monson: Before we leave this schedule, perhaps I may put a question to the Minister. Why is civil defence a reserved matter? After all, unlike defence pure and simple, there is nothing remotely contentious or political about civil defence. On the contrary, it is just the sort of activity which tends to draw together people from different backgrounds and possibly create a sense of community when none has existed hitherto. Therefore, is this not just the kind of activity which ought to be devolved to the Northern Ireland Assembly?

Lord Dubs: I believe the position is that civil defence is part of the United Kingdom-wide system of defence. Therefore, it is more appropriately a reserved matter than a transferred matter. It links in with civil defence throughout the United Kingdom.

Lord Monson: I understand that that argument would apply to Scotland and Wales because there are land frontiers which are easy to cross. But Northern Ireland is separated by water from the rest of the United Kingdom and, therefore, it is unlikely that many civil defence units would cross the water unless there was a particularly grave emergency. Nonetheless, I float the idea and perhaps the noble Lord will think about it before the next stage.

On Question, Schedule 3, as amended, agreed to.

Schedule 4 [Enactments protected from modification]:

Lord Dubs moved Amendment No. 282B:


Page 47, leave out lines 7 to 14 and insert--
("1.--(1) Subject to sub-paragraph (2), the European Communities Act 1972 shall not be modified.
(2) Sub-paragraph (1) does not prevent an Act of the Assembly or subordinate legislation modifying section 3(3) or (4) or 11(1) of that Act.").

On Question, amendment agreed to.

Lord Dubs moved Amendment No. 282C:


Page 47, leave out lines 18 to 35 and insert--
(". The following provisions of this Act shall not be modified--
(a) sections 71, (Provision dealing with certain reserved matters) and 72;
(b) in section 77, subsections (3) and (4); and
(c) section 80.").

On Question, amendment agreed to.

Schedule 4, as amended, agreed to.

Schedules 5 and 6 agreed to.

Schedule 7 [Standing orders: further provision]:


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