Select Committee on Delegated Powers and Deregulation Twenty-Third Report


TWENTY-THIRD REPORT


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.

ORDERED TO REPORT

POSTAL SERVICES BILL - GOVERNMENT AMENDMENTS FOR REPORT STAGE

INTRODUCTION

1.  The Committee reported on this bill in May[1] and on the Committee stage amendments on 8 June.[2] 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.

RECOMMENDATION

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.

GOVERNMENT RESOURCES AND ACCOUNTS BILL - GOVERNMENT AMENDMENTS FOR REPORT STAGE

INTRODUCTION

3.  The Committee reported on this bill in March.[3] 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 this Report.

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 is applied.

RECOMMENDATION

6.  The Committee has had very little time to consider the amendments[4] 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.[5]


1   17th report, HL Paper 72. Back

2   19th report, HL Paper 74. Back

3   10th report, HL Paper 47. Back

4   Which it received on 27 June. Back

5   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


 
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