Select Committee on Delegated Powers and Regulatory Reform Twenty-Sixth Report


ANTI-SOCIAL BEHAVIOUR BILL - GOVERNMENT AMENDMENTS FOR REPORT STAGE

6.  The Committee reported on this bill in our 23rd and 24th Reports of this Session (HL Papers 144 and 163). The Committee has now been invited to comment on Government amendments to be taken at report stage, the effect of which is to incorporate into the bill the High Hedges (No 2) Bill, a private member's bill promoted by Stephen Pound MP. The High Hedges (No 2) Bill contains substantially the same provisions as the High Hedges Bill [HL] introduced in the House of Lords by Baroness Gardner of Parkes. The Committee reported on this latter bill in our 1st Report of this Session (HL Paper 9).

7.  The amendments are explained in a letter to the Chairman from Baroness Scotland of Asthal QC, Minister of State at the Home Office. It is printed at Annex 2 to this Report.

8.  There is nothing in these amendments in respect of the delegated powers to which the Committee wishes to draw the attention of the House.

EXTRADITION BILL - GOVERNMENT AMENDMENTS FOR REPORT STAGE

INTRODUCTION

9.  The Committee reported on this bill in our 18th Report of this Session (HL Paper 102). The Committee has now been invited to comment on Government amendments to be taken at report stage. The Home Office has provided a supplementary memorandum which is printed at Annex 3 to this Report.

AMENDMENTS

10.  Some of the amendments have been tabled in response to recommendations made by this Committee (see paragraphs 13 and 14 of the supplementary memorandum) and we welcome the Government's positive response. With regard to the remaining amendments with a delegated powers aspect, in almost every case we take the view that the delegations under the amendments are appropriate and subject to an appropriate level of Parliamentary scrutiny.

11.  The Committee wishes, however, to draw to the attention of the House the amendment to clause 215 (Amendment 313 on the Marshalled List of Amendments to be moved on Report) which contains a power to make any supplementary, incidental or consequential provision, or any transitory, transitional or saving provision, which the Secretary of State considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of the bill. Under the amendment, as presently drafted, orders under this provision are subject to negative procedure. We agree with the Home Office (see paragraph 12 of the supplementary memorandum) that this provision should be consistent with similar provision in the Criminal Justice Bill and the Courts Bill (both of which are currently before Parliament). Under each of these bills, orders which amend Acts are subject to affirmative procedure. We recommend, therefore, that the new provision under clause 215 should be amended so as to require the affirmative procedure in those cases where it is used to amend an Act.

CONCLUSION

12.  We draw to the attention of the House the recommendation in paragraph 11 above. There is nothing else in these amendments in respect of the delegated powers on which we wish to report.

HEALTH AND SOCIAL CARE (COMMUNITY HEALTH AND STANDARDS) BILL - GOVERNMENT RESPONSE AND GOVERNMENT AMENDMENT FOR COMMITTEE STAGE

GOVERNMENT RESPONSE

13.  The Committee reported on this bill in our 24th Report of this Session (HL Paper 163). The Government has submitted a response concerning disclosure of information under Part 2 of the bill. A copy of the response is printed at Annex 4 to this Report.

GOVERNMENT AMENDMENT

14.  The Committee has also been invited to comment on a Government amendment to clause 191 of the bill to be taken in Committee (amendment 475A in the Second Marshalled List of Amendments to be moved in Committee). The Department of Health has provided a supplementary delegated powers memorandum which is printed at Annex 5 to this Report.

15.  The amendment relates to clauses 22, 25 and 28 of the bill. Its purpose is to change the level of Parliamentary scrutiny (from negative procedure to no Parliamentary procedure) applicable to the delegated powers concerning various aspects of the operation of National Health Service foundation trusts so as to make them largely consistent with similar provision relating to National Health Service trusts under the National Health Service and Community Care Act 1990. We find the change in the level of scrutiny appropriate.

CONCLUSION

16.  There is nothing in regard to this amendment to which the Committee wishes to draw the attention of the House.


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2003