TWENTY-THIRD REPORT
17 June 1998
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.
PROPOSAL FOR THE DRAFT DEREGULATION (TAXIS
AND PRIVATE HIRE VEHICLES) ORDER 1998
1. The Deregulation and Contracting Out
Act 1994 provides a two-stage process for the parliamentary scrutiny
of deregulation orders. A document containing the proposal is
laid under section 3(3) of the Act in the form of a draft of the
order, together with explanatory material; and we and the Commons
equivalent committee have 60 days in which to consider and report
on it. The Government then lay under section 1(4) of the Act a
draft order, either in its original form or amended to take account
of the two committees' views, for approval by resolution of each
House. In the Lords a motion to approve a draft order can only
be moved after we have made a second report on it.[1]
2. The proposal for the draft Deregulation
(Taxis and Private Hire Vehicles) Order was laid before Parliament
under section 3(3) of the 1994 Act on 9th December 1997. The proposal
related to two separate issues linked only by their connection
with taxis and private hire vehicles. These were to:
(i) permit the use of licensed private hire
vehicles as well as taxis and buses when train services have been
discontinued;
(ii) recognise driving licences issued in
Northern Ireland as meeting part of the qualifications required
for a licensed taxi or private hire vehicle driver in England
and Wales.
3. We reported on the proposal in our 12th
report of this session, dated 4th February 1998.[2]
Our report concluded:
"The Committee is satisfied that the Northern
Ireland part of the proposal for the Draft Deregulation (Taxis
and Private Hire Vehicles) Order 1998 meets the requirements of
the Deregulation and Contracting Out Act 1994 and is appropriate
to be made under it. We accept the Government's decision to amend
the proposal to delete the part relating to substitute train services,
and consider that this decision, which was taken following evidence
submitted to this Committee, shows that consultation on this part
of the proposal was inadequate."
4. The draft Order laid before the House
on 8th June 1998 omits the part of the proposal relating to the
use of licensed private hire vehicles as substitutes for passenger
train services. Neither we nor the House of Commons Deregulation
Committee recommended any amendment to the part of the order relating
to Northern Ireland driving licences, and none has been made.
The Committee therefore reports that the draft order is now
in a form satisfactory to be submitted to the House for affirmative
resolution.
5. We are required by our terms of reference
to perform, in respect of documents and orders laid under section
1(4) of the 1994 Act, the functions performed in respect of other
instruments by the Joint Committee on Statutory Instruments. The
Committee has concluded that there is nothing in the draft order
which the Joint Committee would have needed to draw to the attention
of each House. [3]
Request for evidence
The Committee requests submissions in writing
no later than Monday 29 June on the following proposal for a draft
deregulation order laid before the House on the date shown.
Draft Deregulation (Weights and Measures)
Order 1998 (1 June)
The Committee requests submissions in writing
no later than Monday 6 July on the following proposal for a draft
deregulation order laid before the House on the date shown.
Draft Deregulation (Pipe-lines) Order 1998
(15 June)
Copies of the proposals and accompanying Explanatory
Memoranda are available to Peers from the Printed Paper Office.
1 Standing Order 70(1)(b). Back
2
HL Paper 67. Back
3
This report is also published on the Internet at the House of
Lords Select Committees Home Page (http://www.parliament.uk),
where further information about the work of the Committee is also
available. Back
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