9 July 1997
By the Select Committee appointed
to report whether the provisions of any Bill inappropriately delegate
legislative power, or whether they subject the exercise of legislative
power to an inappropriate degree of parliamentary scrutiny; to
report on documents laid before Parliament under section 3(3)
of the Deregulation and Contracting Out Act 1994 and on draft
orders laid under section 1(4) of that Act; and to perform, in
respect of such documents and orders, the functions performed
in respect of other instruments by the Joint Committee on Statutory
Instruments.
FIREARMS (AMENDMENT)
BILL
The Firearms (Amendment) Act
1997
1. This bill continues
where the Firearms (Amendment) Act 1997 left off and extends the
ban on handguns to include small-calibre pistols. Section 16
of the 1997 Act requires the Secretary of State to make a scheme
providing compensation in respect of firearms and ammunition banned
by that Act. Section 17 contains similar provisions in respect
of compensation for ancillary equipment. Section 18 requires
the Secretary of State to lay before Parliament a draft of a scheme
under section 16 or 17 and provides that he may not make the scheme
unless the draft has been approved by both Houses. These requirements
apply equally to any alteration to a scheme (subsection (3)).
The present bill
2. Clause 2(5)
of the present bill makes amendments to section 18, the result
of which is to exclude from the affirmative procedure a scheme
(or alteration of a scheme) which is limited to small-calibre
pistols and equipment designed or adapted for use in connection
with such pistols. A scheme which is so limited has instead to
be laid before Parliament after it has been made. This does not
attract negative procedure and so there is no Parliamentary control
over compensation schemes relating to small-calibre pistols.
3. The Home Office
memorandum (printed in the Annex to this report) justifies this
change by saying that the existing scheme (approved by both Houses)
covers 80 per cent of firearms and the scheme under the bill would
follow the same principles. The requirement to lay the new scheme
will assure Parliament that the Government has fulfilled its stated
intention.
4. In the
Committee's view, this argument is unconvincing. It is anomalous
that Parliament should have no control over the making of compensation
schemes under the bill, since even minor variations of the main
scheme remain subject to affirmative procedure but the scheme
under the bill as drafted will not even be subject to negative
procedure. Furthermore, the scheme is, in terms, virtually the
same as the original scheme, which was subject to affirmative
procedure. The firearms and, in some cases, equipment referred
to are different and so, therefore, are the sums involved in determining
their values. But the basis on which values have been calculated
is the same. The Committee can see no reason why the provision
of Parliamentary control - or its total absence - should depend
on the calibre of the weapon.
5. Apart
from the illogicality of the bill as drafted, the Committee has
also borne in mind the fact that this issue is a controversial
one, and one which has attracted considerable debate both in and
outside Parliament. In the light of these considerations, the
House may wish to consider whether the bill should be amended
to made the new scheme subject to the affirmative resolution procedure.
6. Section 51 of
the 1967 Act confers a power to make transitional, consequential
etc. provisions (including modifications of legislation). Regulations
under this section are subject to negative procedure. Clause
2(6) extends this power to include provisions consequential on
the bill.
7. The wide commencement
power in clause 3(3) and (4) is not subject to Parliamentary procedure.
8. There is nothing
else in the bill which the Committee wishes to draw to the attention
of the House.
PLANT VARIETIES BILL
9. This bill sets
out a new framework for plant breeders' rights, so enabling the
United Kingdom to ratify the International Convention for the
Protection of New Varieties of Plants.
10. There are many
delegated powers in the bill. These are identified in the Ministry's
memorandum which is annexed to this report. The power in clause
50(2) to extend the bill by Order in Council to any of the British
Islands and the commencement power in clause 51 are not subject
to Parliamentary control. The Henry VIII power in clause 9(11)
is subject to affirmative procedure. All other powers are subject
to negative procedure (clause 45(3) and paragraph 13(2) of Schedule
3).
11. Clause 9 contains
special provisions about farm saved seed. Subsection (11) contains
a Henry VIII power allowing the Ministers to amend by order the
clause to make it correspond with the provisions for the time
being of the law relating to Community plant variety rights about
farm saved seed. Parliament will be given control by the affirmative
procedure, which the Committee considers appropriate.
12. Subsection
(1) of clause 11 limits the duration of plant breeders' rights
(30 years for potatoes, trees and vines; 25 years for other plants).
Subsection (2) allows the Ministers by regulations to specify
longer periods for particular plants. This could be regarded
as equivalent in impact to a Henry VIII power. Clause 45(3) provides
for negative resolution procedure, which the Committee considers
appropriate.
13. Part II of
the bill continues in existence the Plant Varieties and Seeds
Tribunal. Its jurisdiction is to be found in Parts I and II of
the bill and in the Plant Varieties and Seeds Act 1964 and the
Seeds Act (Northern Ireland) 1965. Paragraph 13 of Schedule 3
to the bill allows the Lord Chancellor to make procedural rules
for the Tribunal including provision as to the circumstances in
which the Tribunal need not sit, or are not to sit, in public;
as to evidence; and as to securing the attendance of witnesses
and the production of documents. The Committee considers that
the negative procedure provided for is appropriate.
14. There is nothing
in the bill which the Committee wishes to draw to the attention
of the House.
FOSSIL FUEL LEVY BILL [HL]
15. Section 33
of the Electricity Act 1989 provides for the imposition of a "fossil
fuel levy" on electricity supplies. The money collected
is then used to subsidise the generation of electricity by "green"
methods, e.g. wind power. The levy at present is imposed only
on electricity generated from fossil fuel or by a non-fossil fuel
generating station in pursuance of qualifying arrangements. Unless
the Act is amended, electricity generated by nuclear power stations
will cease to attract the levy when the Primary Nuclear Contract
expires on 31st March 1998. The Bill amends section 33 to provide
two options - the extension of the levy to nuclear power or the
extension of the levy to all electricity however generated. The
second option would involve the making of regulations under the
power inserted by clause 1(3).
16. Regulations
under the new subsection (9) inserted by clause 1(3) would omit
all reference to "leviable" in section 33, so extending
the levy to all electricity. This is a Henry VIII power which,
in common with all regulations under the 1989 Act, is subject
to negative procedure. The Department argues that this procedure
provides adequate parliamentary control, as the power is "closely
defined". The Committee agrees, and considers that the negative
procedure provided for is appropriate.
17. There is a
commencement power (allowing transitional provisions) in clause
2. This, as is customary, is not subject to Parliamentary procedure.
18. There is nothing
in the bill which the Committee wishes to draw to the attention
of the House.
LOCAL GOVERNMENT (CONTRACTS) BILL
19. This bill is
intended to provide a solution to the problems which can arise
when a local authority proposes to enter into a contract and doubt
is expressed about the width of the authority's powers to do so.
20. There are delegated
powers in clauses 1(5), 3, 4(4), 9 and 11(2). Apart from the
simple commencement power (clause 11(2)), the powers are subject
to affirmative procedure (regulations under clause 4(4) - see
clause 10(2) - or negative procedure (clause 10(3)).
21. Clause 1(5)
allows regulations to amend the list of "assets" in
clause 1(4). The Department's memorandum explains that it may
be necessary to be able to amend this list to clarify that the
bill extends to contracts involving a particular sort of asset
where any doubt arises as to whether or not the asset in question
falls within clause 1(4). The power is subject to negative procedure,
which the Committee considers appropriate for a power with such
a limited purpose.
22. Subsection
(4) of clause 4 allows regulations to amend subsection (2) or
(3) of that clause. Those subsections define the types of contract
to which the certification procedure of clauses 2 and 3 apply
(see paragraph (c) of clause 3(2)(c)). The Department's memorandum
explains that it may be necessary to amend the description of
the type of contract that may be certified; for example, a minimum
value or term may need to be specified. The importance of the
power is recognised in clause 10(2) which applies affirmative
procedure, which the Committee considers appropriate.
23. There is nothing
in the bill which the Committee wishes to draw to the attention
of the House.
CHRONICALLY SICK AND DISABLED PERSONS (AMENDMENT) BILL [HL]
LOCAL GOVERNMENT FINANCE
(SUPPLEMENTARY CREDIT APPROVALS) BILL
24. There are no
delegated legislative powers in these bills.
