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