28 June 2000
By the Select Committee appointed to report whether
the provisions of any bill inappropriately delegate legislative
power, or whether they subject the exercise of legislative power
to an inappropriate degree of parliamentary scrutiny; to report
on documents laid before Parliament under section 3(3) of the
Deregulation and Contracting Out Act 1994 and on draft orders
laid under section 1(4) of that Act; and to perform, in respect
of such documents and orders, the functions performed in respect
of other instruments by the Joint Committee on Statutory Instruments.
BILL - GOVERNMENT AMENDMENTS FOR REPORT STAGE
1. The Committee reported on this bill in May
and on the Committee stage amendments on 8 June.
The Government has now invited the Committee to consider the Government
amendments creating new powers which are to be moved on Report.
The Department of Trade and Industry's Memorandum discussing these
amendments is printed in Annex 1 to this Report.
2. The Committee has had very little time to
consider the amendments, which it received on the afternoon of
27 June and which will be considered on the floor of the House
on 29 June. The Department's memorandum has, however, persuaded
us that delegation is appropriate in each case, and that the parliamentary
control provided for each new power is also appropriate.
RESOURCES AND ACCOUNTS BILL - GOVERNMENT AMENDMENTS FOR REPORT
3. The Committee reported on this bill in March.
The Government has now invited the Committee to consider two amendments
creating new powers which are to be moved on Report. The Treasury
Memorandum discussing these amendments is printed in Annex 2 to
4. The amendment substituting a new version of
clause 15 creates a Henry VIII power to amend the sections of
the Government of Wales Act 1998 which deal with the budgetary
side of the National Assembly's finances. The Memorandum explains
why it is not possible to make the necessary amendments in the
bill itself, explains that the power is limited to making amendments
consequential on provisions in the bill or changes in accounting
procedures at Cardiff or Westminster and describes the Parliamentary
and Assembly procedures which will apply.
5. The amendment inserting a new clause "Public-private
partnership - investment by devolved administrations" is
discussed in paragraphs 15 to 17 of the Memorandum. Subsection
(3)(b) enables the devolved authorities to invest in forms of
investment specified by order made by the Treasury. Negative procedure
6. The Committee has had very little time to
consider the amendments
but is satisfied that delegation is appropriate in each case.
The Committee accepts that affirmative procedure is appropriate
for the Henry VIII power and that negative procedure is appropriate
for the other power.
1 17th report, HL Paper 72. Back
19th report, HL Paper 74. Back
10th report, HL Paper 47. Back
Which it received on 27 June. Back
This report is also published on the Internet at the House of
Lords Select Committee Home Page (http://www.parliament.uk), where
further information about the work of the Committee is also available. Back