Select Committee on Delegated Powers and Deregulation Twenty-Seventh Report

TWENTY-SEVENTH REPORT

15 July 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.

LANDMINES BILL

Introduction

  1.    This Bill implements in the United Kingdom the Ottawa Convention. In addition to a simple commencement power it contains three delegated legislative powers.

Clause 3(4)

  2.    This confers power by Order in Council to extend the provisions of clause 2(1) and (2) to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony. The effect would be to make an Isle of Man company, for example, subject to prosecution in the United Kingdom for involvement in any act prohibited by clause 2(1) or (2), eg participating in the transfer of anti-personnel landmines to an overseas buyer.

  3.    There is no Parliamentary control over the power in clause 3(4) but this is in accordance with precedent as it concerns relations with the Channel Islands, Isle of Man and Colonies. There is a similar provision in, for example, section 3(3) of the Chemical Weapons Act 1996.

Clause 24

  4.    This confers power on the Secretary of State to amend the Bill to give effect to any amendment of the Ottawa Convention. This power is subject to affirmative procedure, which the Committee considers appropriate for this Henry VIII power. Again, there is a similar provision in the Chemical Weapons Act 1996.

Clause 29(4)

  5.    This confers power by Order in Council to extend the Bill to the Channel Islands, Isle of Man or any colony. As with clause 3(4) and in accordance with precedent there is no provision for Parliamentary control (as was also the case in the Chemical Weapons Act 1996).

Recommendation

  6.    There is nothing in the Bill which the Committee wishes to draw to the attention of the House.

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