Legislative competence
Mr. Roger Williams:
I beg to move amendment No. 107, in page 50, line 21, leave out from 'competence' to end of line 4 on page 51 and insert
'unless it relates to one or more of the reserved matters specified in Schedule [Reserved matters].'.
The Chairman of Ways and Means (Sir Alan Haselhurst):
With this it will be convenient to discuss the following:
New schedule 1'RESERVED MATTERS
PART 1
GENERAL RESERVATIONS
The Constitution
1 The following aspects of the constitution are reserved matters, that is
(a) the Crown, including succession to the Crown and a regency,
(b) the Parliament of the United Kingdom,
(c) the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal,
(d) the continued existence of the Court of Session as a civil court of first instance and of appeal.
(a) Her Majesty's prerogative and other executive functions,
(b) functions exercisable by any person acting on behalf of the Crown, or
(c) any office in the Welsh Administration.
(2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.
(3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.
3 (1) Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.
(2) Paragraph 1 does not reserve the ultimate superiority of the Crown.
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(3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of
(a) the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove,
(b) the royal arms and standard,
(c) the compulsory acquisition of property held or used by a Minister of the Crown or government department.
(2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1973.
Foreign affairs etc.
6 (1) International relations, including relations with territories outside the United Kingdom, the European Communities (and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters.
(2) Sub-paragraph (1) does not reserve
(a) observing and implementing international obligations, obligations under the Human Rights Convention and obligations under Community law,
(b) assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.
(a) the defence of the realm,
(b) the naval, military or air forces of the Crown, including reserve forces,
(c) visiting forces,
(d) international headquarters and defence organisations,
(e) trading with the enemy and enemy property.
(2) Sub-paragraph (1) does not reserve
(a) the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a),
(b) the conferral of enforcement powers in relation to sea fishing.
Treason
9 Treason (including constructive treason), treason felony and misprision of treason are reserved matters.
PART 2
SPECIFIC RESERVATIONS
Preliminary
1 The matters to which any of the sections in this Part apply are reserved matters for the purposes of this Act.
2 A section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that section.
3 Any illustrations, exceptions or interpretation provisions in a section relate only to that Section (so that an entry under the heading "exceptions" does not affect any other Section).
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Reservations
Head AFinancial and Economic Matters
A1. Fiscal, economic and monetary policy Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.
Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).
A2. The Currency Coinage, legal tender and bank notes.
A3. Financial services Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.
A4. Financial markets Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
A5. Money laundering The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.