COURTS BILL [HL] - GOVERNMENT AMENDMENTS
FOR REPORT STAGE |
36. The Committee reported on this bill in our
2nd and 14th Reports of this Session. The Committee has now been
invited to comment on Government amendments to be taken at report
stage. The Lord Chancellor's Department has provided a supplementary
delegated powers memorandum which is printed at Annex 5 to this
Report and which covers some of these amendments.
37. There are relevant amendments to clauses
2, 4, 5, 10, 59, 68, 71, 75, 94, 97, 98 and 99. There is also
a new clause after clause 15 which contains power to make rules
and a new Schedule which relates to the new clause 4. Amendments
made by a new clause (after clause 88) to the Proceeds of Crime
Act 2002 enlarge the powers to make rules under that Act. Save
for the comment made in paragraph 38 below in relation to the
amendment to clause 71, we find the delegation and the level of
scrutiny of the powers in each of these amendments to be appropriate.
38. The amendment to clause 71 enables Family
Procedure Rules to provide that matters for which the Rules could
provide themselves may be the subject of directions. This amendment
is not explained in the memorandum from the Lord Chancellor's
Department. We think it likely that the "directions"
in the amendment are a reference to practice directions under
clause 76 of the bill, but we suggest that the House may wish
to invite the Government to clarify what uses it is intended will
be made of this power.
39. Save for the suggestion for further
explanation in paragraph 38 above, there is nothing in these amendments
in respect of the delegated powers to which the Committee wishes
to draw the attention of the House.
COMMUNICATIONS BILL - GOVERNMENT RESPONSE
40. The Committee reported on this bill in our
14th Report of this Session (HL Paper 76). The Government has
responded positively to our recommendation and provided explanations
to meet the points we raised. A copy of the Government's response
is printed at Annex 6 to this Report.