Eleventh Report
London Olympic Games and Paralympic Games
Bill
Introduction
1. This bill is about giving effect to the Government's
commitment to host the 2012 Olympic Games and Paralympic Games.
It establishes the Olympics Delivery Authority (ODA), provides
for transport needs and enables restrictions to be made on advertising
and trading in the vicinity of Olympic events. In particular,
the bill is intended to enable obligations under the Host City
Contract (explained at paragraph 7 of the Explanatory Notes) to
be met.
2. The delegated powers in the bill are explained
in a memorandum for the Committee from the Department for Culture,
Media and Sport (DCMS) which is printed at Appendix 1 to this
Report.
3. We consider the powers to be appropriately
delegated given the circumstances and subject to an appropriate
level of scrutiny, but there are points we wish to mention concerning
clauses 9, 19 and 25.
Clause 9 - Dissolution of the ODA
4. Clause 9 enables the Secretary of State by
order to make provision for the dissolution of the ODA. The order
may, among other things, establish a body corporate and amend
enactments by way of consequential, incidental or transitional
provision. We would have expected the usual form of negative procedure
(annulment) to have been applied here. Clause 9(7) provides only
that the order shall not be made unless a draft has been laid
before Parliament (without a requirement for approval). This formula
is very rarely seen nowadays. But on the basis that it attracts
the procedure in section 6 of the Statutory Instruments Act 1946
(cannot be made if disapproved within 40 days), it meets our concern
that Parliament has a degree of both scrutiny and control over
this order.
Clause 19 - Advertising
5. Clause 19 enables the Secretary of State to
make regulations subject to affirmative procedure "about
advertising in the vicinity of London Olympic events". In
making the regulations, the Secretary of State must aim to secure
compliance with obligations of the Host City Contract and must
have regard to requests or guidance from the International Olympic
Committee (IOC). The matters left to the regulations include:
· the
places concerned;
· the
nature of the advertising concerned;
· the
time during which restrictions will apply (but this must be no
longer than is needed to secure compliance with the Host City
Contract);
· who,
if anybody, is to be the body responsible for granting authorisation
to advertise (but see paragraph 34 of the Memorandum for the likely
position);
· whether
the authorization system will involve appeals, and if so to whom
and on what grounds.
6. In addition, the regulations:
· override
any consent to advertise given otherwise than under the regulations;
· may
disapply or modify other planning or advertising control legislation;
· may
apply or make provision similar to any enactment.
7. The powers are accordingly very wide, but
we accept that special considerations apply to legislating for
events taking place only in one particular year. We consider the
delegation acceptable in view of the affirmative procedure provided
and bearing in mind in particular the following factors:
· the
restrictions will apply only in the vicinity of Olympic events;
· the
main policy purpose of the regulations is plain: to secure compliance
with obligations already set out in the Host City Contract;
· the
duration is limited to securing compliance with those obligations;
· there
are specific arrangements in the bill to ensure those affected
know about the regulations well in advance (clauses 23 and 24),
including power for the ODA to give financial assistance to aid
compliance.
8. Clause 20(4) disapplies the hybrid instrument
procedure for the regulations. The purpose of that procedure is
to give those whose private interests may be specially affected
the opportunity to petition against the regulations. But the
House may wish to question why, in the light of this disapplication,
organisations representative of those affected by the regulations
have not been included among those required to be consulted on
their content. The list in clause 20(3) is currently limited
to authorities with responsibilities for planning, the ODA and
the London Organising Committee.
Clause 25 - street trading
9. Clause 25 enables the Secretary of State,
to make regulations subject to affirmative procedure "about
trading in the vicinity of London Olympic events" but this
only applies (subsection (4)) to trading on a highway or places
where the public have access and are not buildings (other than
car parks).
10. The power is in many respects similar in
principle to that for controlling advertising. The considerations
we mention in paragraph 7 above apply to the regulations about
trading, and therefore we find clause 25 acceptable also. Our
comments about the hybrid instrument procedure also apply to clause
25.
Conclusion
11. We draw to the attention of the House
the significant powers in clauses 19 and 25 (though we find them
acceptable) and our comments on the disapplication of the hybrid
instruments procedure in paragraphs 8 and 10 above.
Terrorism (Northern Ireland) Bill
12. This bill extends Part 7 of the Terrorism
Act 2000, the significant features of which are explained at paragraphs
9 to 15 of the Explanatory Notes. There are two delegated powers
in the bill, each explained in a memorandum from the Northern
Ireland office (printed at Appendix 2 to this Report), which also
gives a useful summary (at paragraphs 12 to 15) of the delegated
powers already in the 2000 Act which will be continued by this
bill. There is nothing in the delegated powers in this bill on
which we wish to comment.
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