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On Question, amendments agreed to.
Clause 71 [Assembly's default power]:
Lord Rooker moved Amendment No. 58:
On Question, amendment agreed to.
Clause 80 [Special provision relating to national security]:
Lord Rooker moved Amendment No. 59:
The noble Lord said: My Lords, Amendment No. 59 is the first of a group of 27 amendments on the topic of national security. I could stop there and say that therefore I cannot say any more, which is not really on. The first 25 amendments, which apply to Clauses 80, 81 and 91, make further provisions for special advocates. I shall speak mainly to Amendment No. 63, which has got most of the meat in it. A lot of them are consequential and minor technical amendments.
Although Amendment No. 63 is very long, the substance can be found in the first new subsection, which introduces new Section 321A into the principal 1990 Act. Noble Lords will recall from Report stage that we introduced new provisions to enable the Secretary of State to direct the "responsible person" to pay the fees of the special advocate. Those provisions were added to Section 321 of the principal Act. The new problem that we have identified is that Section 321 applies only when there is an inquiry, so the provisions added at Report stage would also apply only when an inquiry takes place.
They do not cover the situation when an inquiry is in prospect, the special advocate is appointed and does some work, but the inquiry is then cancelled. Without Amendment No. 63, the Secretary of State would have no power to direct the "responsible person" to pay the
One element that may not be clear from reading is new Section 321(4), which states that this section does not affect Section 322A. Section 322A of the principal Act makes supplementary provision for costs orders at planning inquiries so that costs can be awarded when an inquiry has been arranged but does not take place. We therefore want to make it quite clear that the provisions for paying special advocates' fees when an inquiry does not take place are separate from the normal provisions for costs in these circumstances, which apply when one of the parties has been at fault.
The second and third new subsections in Amendment No. 63 amend the respective schedules to the listed buildings Act and the hazardous substances Act in identical fashion. They combine the material already in the Bill with new material equivalent to new Section 321A of the principal Act in a new paragraph for ease of reference.
There is one other change, in that the special advocate is now to be called the "appointed representative" instead of the "appointed person". Noble Lords might like to refer to new paragraph 6A(4) for an example. The reason for this is that the term "appointed person" is already used in the schedules to mean the planning inspector who conducts an inquiry. I am sure the House will agree that having the same expression meaning two different things in the same schedule would be somewhat unwise. This accounts for Amendments Nos. 59 to 62 which change the references to the "appointed person" in Section 321 to "appointed representative" for consistency. The following amendments are consequential and make minor technical changes. I beg to move.
On Question, amendment agreed to.
Lord Rooker moved Amendments Nos. 60 to 63:
On Question, amendments agreed to.
Clause 81 [Special provision relating to national security: Wales]:
(a)"
Page 47, line 21, at end insert—
"(b) if it gives such a direction it must state its reasons for doing so."
Page 47, line 42, at end insert "and the reasons of the person making the recommendations"
Page 49, line 20, at end insert—
"( ) The Assembly must give reasons for anything it does in pursuance of subsection (4)."
Page 54, line 34, leave out first "person" and insert "representative"
Page 55, line 2, leave out "person" and insert "representative"
Page 55, line 3, leave out first "person" and insert "representative"
Page 55, line 7, leave out first "person" and insert "representative"
Page 55, line 11, leave out subsections (2) and (3) and insert—
"( ) After section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) there is inserted the following section—
"321A APPOINTED REPRESENTATIVE: NO INQUIRY
(1) This section applies if—
(a) a person is appointed under subsection (5) or (6) of section 321, but
(b) no inquiry is held as mentioned in subsection (1) of that section.
(2) Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
(3) For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.
(4) This section does not affect section 322A."
( ) In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—
"6A (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given
(2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry.
(3) The Lord Chancellor may by rules make provision—
(a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1);
(b) as to the functions of a person appointed under sub-paragraph (1) or (2).
(4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative.
(5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
(6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.
(7) An amount so certified is recoverable from the responsible person as a civil debt.
(8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Sub-paragraph (10) applies if—
(a) a person is appointed under sub-paragraph (1) or (2), but
(b) no inquiry is held as mentioned in paragraph 6(1).
(10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
(11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held.
(12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8)."
( ) In the Schedule to the hazardous substances Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—
"6A (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
(2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry.
(3) The Lord Chancellor may by rules make provision—
(a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1);
(b) as to the functions of a person appointed under sub-paragraph (1) or (2).
(4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative.
(5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
(6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.
(7) An amount so certified is recoverable from the responsible person as a civil debt.
(8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Sub-paragraph (10) applies if—
(a) a person is appointed under sub-paragraph (1) or (2), but
(b) no inquiry is held as mentioned in paragraph 6(1).
(10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
(11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held.
(12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8)."
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