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Page 13, line 41, leave out ("or (c)") and insert (", (c) or (ca)").
Page 13, line 42, at end insert--
Page 14, leave out lines 8 to 10.
Page 14, line 10, at end insert--
Clause 22, page 14, line 12, leave out ("and 20") and insert (", 20 and 21(6)").
Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 37 to 55.
Moved, That the House do agree with the Commons in their Amendments Nos. 37 to 55.--(Lord Williams of Mostyn.)
On Question, Motion agreed to.
51
52
("(f) order, rules, regulations, scheme, warrant, byelaw or other instrument made by a member of the Scottish Executive, a Northern Ireland Minister or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty;
"transferred matters" has the same meaning as in the Northern Ireland Act 1998;").
53
54
("(6) Any liability under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 to suffer death for an offence is replaced by a liability to imprisonment for life or any less punishment authorised by those Acts; and those Acts shall accordingly have effect with the necessary modifications.").
55
56
Clause, 22, page 14, line 20, leave out ("committed") and insert ("taking place").
Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 56. This is a drafting amendment to Clause 22(4). At present it provides that Clause 7(1)(b) applies to proceedings brought by or at the instigation of a public authority whenever the act in question "took place"; but that otherwise Clause 7(1)(b) does not apply to an act "committed" before Clause 7 comes into force. Amendment No. 56 replaces "committed" by "taking place" so as to be consistent.
Moved, That the House do agree with the Commons in their Amendment No. 56.--(Lord Williams of Mostyn.)
On Question, Motion agreed to.
57
Clause 22, page 14, line 22, at end insert--
Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 57.
Moved, That the House do agree with the Commons in their Amendment No. 57.--(Lord Williams of Mostyn.)
On Question, Motion agreed to.
("( ) Section 21(6), so far as it relates to any provision contained in the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, extends to any place to which that provision extends.").
58
Clause 22, page 14, leave out lines 23 to 26.
Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 58. This amendment, which I hope to be non-contentious, removes Clause 22(7) of the Bill. That is the provision inserted by this House in order to avoid questions of privilege.
Moved, That the House do agree with the Commons in their Amendment No. 58.--(Lord Williams of Mostyn.)
On Question, Motion agreed to.
59
Schedule 1, page 19, line 23, at end insert--
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.").
60
After Schedule 1, insert the following new schedule--
1.--(1) A remedial order may--
(a) contain such incidental, supplemental, consequential or transitional provision as the person making it considers appropriate;
(b) be made so as to have effect from a date earlier than that on which it is made;
(c) make provision for the delegation of specific functions;
(d) make different provision for different cases.
(2) The power conferred by sub-paragraph (1)(a) includes--
(a) power to amend primary legislation (including primary legislation other than that which contains the incompatible provision); and
(b) power to amend or revoke subordinate legislation (including subordinate legislation other than that which contains the incompatible provision).
(3) A remedial order may be made so as to have the same extent as the legislation which it affects.
(4) No person is to be guilty of an offence solely as a result of the retrospective effect of a remedial order.
2. No remedial order may be made unless--
(a) a draft of the order has been approved by a resolution of each House of Parliament made after the end of the period of 60 days beginning with the day on which the draft was laid; or
(b) it is declared in the order that it appears to the person making it that, because of the urgency of the matter, it is necessary to make the order without a draft being so approved.
3.--(1) No draft may be laid under paragraph 2(a) unless--
(a) the person proposing to make the order has laid before Parliament a document which contains a draft of the proposed order and the required information; and
(b) the period of 60 days, beginning with the day on which the document required by this subsection was laid, has ended.
(2) If representations have been made during that period, the draft laid under paragraph 2(a) must be accompanied by a statement containing--
(a) a summary of the representations; and
(b) if, as a result of the representations, the proposed order has been changed, details of the changes.
4.--(1) If a remedial order ("the original order") is made without being approved in draft, the person making it must lay it before Parliament, accompanied by the required information, after it is made.
(2) If representations have been made during the period of 60 days beginning with the day on which the original order was made, the person making it must (after the end of that period) lay before Parliament a statement containing--
(a) a summary of the representations; and
(b) if, as a result of the representations, he considers it appropriate to make changes to the original order, details of the changes.
(3) If sub-paragraph (2)(b) applies, the person making the statement must--
(a) make a further remedial order replacing the original order; and
(b) lay the replacement order before Parliament.
(4) If, at the end of the period of 120 days beginning with the day on which the original order was made, a resolution has not been passed by each House approving the original or replacement order, the order ceases to have effect (but without that affecting anything previously done under either order or the power to make a fresh remedial order).
5. In this Schedule--
"representations" means representations about a remedial order (or proposed remedial order) made to the person making (or proposing to make) it and includes any relevant Parliamentary report or resolution; and
"required information" means--
(a) an explanation of the incompatibility which the order (or proposed order) seeks to remove, including particulars of the relevant declaration, finding or order; and
(b) a statement of the reasons for proceeding under section 10 and for making an order in those terms.
6. In calculating any period for the purposes of this section, no account is to be taken of any time during which--
(a) Parliament is dissolved or prorogued; or
(b) both Houses are adjourned for more than four days.").
Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 59 and 60.
Moved, That the House do agree with the Commons in their Amendments Nos. 59 and 60.--(Lord Williams of Mostyn.)
Lord Renton: My Lords, perhaps I may seek some clarification. We had a Division just now. I thought we were dividing on the Question as to whether we accept Amendment No. 60. If not, what was the Division about?
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