MARINE SAFETY BILL |
24. This is a private member's bill brought from
the House of Commons. The Department for Transport has provided
a memorandum on the delegated powers in the bill for the Committee.
The memorandum is printed at Annex 5 to this Report.
25. The bill inserts in the Merchant Shipping
Act 1995 a new Schedule 3A which gives extensive power to the
Secretary of State to give safety directions in respect of particular
ships. These are not, in our view, legislative powers. They supersede
the existing direction-giving powers in sections 100C to 100E
and 137 to 141 of the Merchant Shipping Act 1995, which are repealed.
There is a delegated legislative power at paragraph 18 of the
new Schedule 3A. An Order in Council (subject to negative procedure)
may provide for certain directions about risk of pollution to
apply generally to non-UK ships in non-UK waters. We note that
it is a Henry VIII power because transitional or consequential
provision may include provision amending Acts of Parliament. The
Committee considers that, because the subject matter is limited
and because the bill reflects the existing position under section
141 of the 1995 Act, in this instance, the level of Parliamentary
scrutiny is appropriate.
26. There is nothing in the delegated powers
in the bill to which the Committee wishes to draw the attention
of the House.