Letter from the Legal Adviser to the First
You will be aware of the Committee's interest in
this subject and, in particular, that the Committee intends to
make a report to the House of Lords for which it is hoped that
debating time will be made available. The Committee is considering
whether, and, if so, when this type of provision
the form that such provision might take;
the appropriate level of Parliamentary scrutiny.
The Committee observes that provisions in different
Bills which seem intended to secure a similar legal effect are
often drafted in different ways. The Committee would like to know
more about the reasons for this and the factors which influence
the decision to choose one form of words rather than another.
It would also welcome your views on the proposal that Government
Bills in which this sort of provision is required might normally
include the same standard form of words. The form could be adapted
where required, but the sponsoring Department, in its memorandum
to the Committee, would have to explain and justify the departure
as well as the inclusion of the provision.
Accordingly the Committee invites you to furnish
it with a memorandum addressing these issues and including any
other observations you may wish to make on the other aspects that
the Committee is considering.
The Committee will discuss the subject again at its
meeting on Wednesday 11 December, with a view to making its report
shortly afterwards. It would be very helpful to have a response
by next Thursday, 5th December, if possible, so that the members
of the Committee have the opportunity to study the memorandum
in advance of the meeting.
28 November 2002