S.C.F.
Amendment Paper as at
Tuesday 10th February 2004
STANDING COMMITTEE F
CIVIL CONTINGENCIES BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [27th January].
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
57
Clause 21, page 14, line 39, at beginning insert 'knowingly'.
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
58
Clause 21, page 14, line 40, at beginning insert 'knowingly'.
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
59
Clause 21, page 14, line 42, at beginning insert 'knowingly'.
Mr Oliver Heald
Patrick Mercer
86
Clause 21, page 14, line 44, leave out paragraph (j).
Mr Richard Allan
Mr Alistair Carmichael
116
Clause 21, page 14, line 44, at beginning insert 'subject to section 22 (5)'.
Mr Richard Allan
Mr Alistair Carmichael
117
Clause 21, page 14, line 44, leave out '(other than a provision of this Part)'.
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
Mr Richard Allan
Mr Alistair Carmichael
81
Clause 21, page 14, line 44, after 'Part', insert 'or a provision of the Health and Safety at Work Etc. Act 1974'.
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
Mr Richard Allan
Mr Alistair Carmichael
82
Clause 21, page 14, line 44, after 'Part', insert 'or a provision of the Human Rights Act 1998'.
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
83
Clause 21, page 14, line 46, leave out from 'function' to end of line 49 and insert 'subject to proper remuneration or compensation being payable'.
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
60
Clause 21, page 14, line 48, leave out 'or compensation'.
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
61
Clause 21, page 14, line 49, at end insert 'provided that such function is reasonable and proportional to the risk or risks in respect of which regulations are being made'.
Mr Richard Allan
Mr Alistair Carmichael
101
Clause 21, page 15, line 1, leave out paragraph (l).
Mr Richard Allan
Mr Alistair Carmichael
102
Clause 21, page 15, line 6, after 'tribunal' insert 'of qualified persons'.
Mr Richard Allan
Mr Alistair Carmichael
Mr Oliver Heald
Patrick Mercer
118
Clause 21, page 15, line 12, leave out paragraph (p).
Mr Richard Allan
Mr Alistair Carmichael
Mr Oliver Heald
Patrick Mercer
119
Clause 21, page 15, line 14, leave out paragraph (q).
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
62
Clause 21, page 15, line 15, leave out subsection (4).
Mr Oliver Heald
Patrick Mercer
108
Clause 22, page 15, line 19, leave out 'thinks' and insert 'believes on reasonable grounds'.
Mr Oliver Heald
Patrick Mercer
110
Clause 22, page 15, line 20, after 'is', insert 'reasonable'.
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
63
Clause 22, page 15, line 31, at end insert 'with the exception of industrial action that would lead to the endangerment of human life or property, or cause illness or injury'.
Mr Richard Allan
104
Clause 22, page 15, line 31, at end insert '; or—
( ) require a person, or enable a person to be required, to undergo any medical test, examination, treatment or vaccination if that person objects on the basis of his or her religious beliefs, but a person who objects to such a requirement on religious grounds may be placed in isolation or quarantine.'.
Mr Oliver Heald
Patrick Mercer
109
Clause 22, page 15, line 31, at end insert—
| '(c) | require a person to act in breach of human rights provided for by the Human Rights Act 1998.'. |
Mr Richard Allan
Mr Alistair Carmichael
103
Clause 22, page 15, line 38, leave out 'three' and insert 'one'.
Mr Richard Allan
Mr Alistair Carmichael
120
Clause 22, page 15, line 40, after 'proceedings', insert—
'(5) Emergency regulations may not amend, display or modify any provision of this Part nor any enactment named in Schedule 5 (Enactments not to be modified by Emergency Regulations).'.
Mr Oliver Heald
Patrick Mercer
87
Clause 22, page 15, line 40, at end add—
'(5) Emergency regulations may not amend any provision of the Human Rights Act 1988 or any past legislation which makes up the statutory framework of the British Constitution.'.
Mr Oliver Heald
Patrick Mercer
128
Clause 23, page 16, line 10, at end insert—
'(d) competence and demonstration of said competence'.
Mr Richard Allan
Mr Alistair Carmichael
121
Clause 25, page 17, line 11, at end insert ', or
(c) when a senior Minister of the Crown determines that the conditions specified in section 20 are no longer satisfied.'.
Mr Richard Allan
Mr Alistair Carmichael
122
Clause 25, page 17, line 12, leave out from end to beginning of line 14.
Mr Richard Allan
Mr Alistair Carmichael
123
Clause 25, page 17, line 14, leave out 'affect anything' and insert 'render unlawful'.
Mr Oliver Heald
Patrick Mercer
105
Clause 25, page 17, line 15, at end add—
'(3) Where emergency regulations are made and thereafter new regulations are made, the series of regulations shall lapse after 90 days and new regulations shall not be made thereafter under this Part in respect of the emergency.'.
Mr Oliver Heald
Patrick Mercer
113
Clause 26, page 17, line 18, leave out paragraph (a) and insert—
| '(a) | these regulations shall be put to a Joint Committee of both Houses of Parliament consisting of members of the Privy Council chosen to reflect the political balance of the House of Commons (to be known as the Emergency Powers Committee), before their acceptance, to provide an initial parliamentary check. |
| (aa) | a senior Minister of the Crown shall then, as soon as is reasonably practicable, lay the regulations before Parliament, provided that he believes on reasonable grounds that he has used his best endeavours to consult the Emergency Powers Committee. |
| (ab) | a senior Minister of the Crown may dispense with the requirements of paragraph (a) above if he thinks it is necessary to do so by reason of urgency.' |
Mr Richard Shepherd
Mr Oliver Heald
Patrick Mercer
Mr Nigel Evans
33
Clause 26, page 17, line 39, at end insert—
'(3A) Paragraph (1) of House of Commons Standing Order No. 16 (Proceedings under an Act or on European Union Documents) shall not apply to proceedings in the House of Commons under this section.'.
Mr Oliver Heald
Patrick Mercer
106
Clause 26, page 17, line 40, at beginning insert 'Subject to section 25(3) of this Act'.
Mr Richard Allan
Mr Alistair Carmichael
124
Clause 26, page 17, line 40, leave out from end to beginning of line 42.
Mr Oliver Heald
Patrick Mercer
129
Clause 26, page 17, line 41, leave out paragraph (a).
Mr Richard Allan
Mr Alistair Carmichael
125
Clause 26, page 17, line 42, leave out 'affect anything' and insert 'render unlawful'.
Mr Oliver Heald
Patrick Mercer
130
Clause 26, page 17, line 42, leave out 'affect anything' and insert 'render unlawful'.
Mr Douglas Alexander
114
Clause 29, page 18, line 36, at end insert—
'(2) Emergency regulations shall be treated for the purposes of the Human Rights Act 1998 (c.42) as subordinate legislation and not primary legislation (whether or not they amend primary legislation).'.
Mr Douglas Alexander
65
Schedule 3, page 27, second column, leave out lines 34 to 37 and insert—
'Where Her Majesty, a Minister of the Crown or other person or any of them performs functions under Part 2 of this Act they shall carry out those functions only in circumstances in which they have reasonable cause to believe that the exercise of those functions are essential in the national interest and nothing in this Act shall be construed as ousting the jurisdiction of any court in determining that or any other matter arising under this Act.'.
