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Lord Davies of Oldham: My Lords, that is an extremely important question on which, sadly, I am utterly inadequately briefed, simply because the only connecting element seems to be that its source is a European directive, but a different one. I shall reply to the noble Baroness when she tables a Question on that directive.

Lord Whitty: My Lords, following on from the point made by the noble Lord, Lord Palmer, and accepting the difficulties the Minister outlined and that the
 
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EU directive is only indicative on targets, there still remains the question of when the Government are going to trigger the target inserted in the Energy Act by this House with all-party support, including my support from the Front Bench. When will we take the decision to trigger the obligation under that legislation, without which no ambitious target for 2010 can be reached?

Lord Davies of Oldham: My Lords, my noble friend speaks with great authority. I recall sitting at his feet during the passage of the Energy Act. He is right that an amendment made to that Bill is of great importance on this matter. It is on the basis of that amendment that we are producing a fresh target for 2010. It is the basis of our robust reply to the European Commission, to which I alluded in my earlier Answer, about our progress on this matter. My noble friend will recognise that the Government intend to deliver against an enhanced target.

Business

3.19 pm

Lord Grocott: My Lords, I should like to say something about today's business. With the leave of the House there will be a Statement very shortly on developments since the terrorist attack. That will be repeated by my noble friend Lady Scotland.

So far as concerns the rest of today's business, the House will appreciate and understand that, because of the obvious and agreed reasons we adjourned early on Monday, there is some business which we had intended to do on Monday, which now will be done today. There is also the Statement and the large number of speakers who put down their names first for the Commons Bill and then for the two Bills on smokers.

It will be difficult for us to meet our intended rising time of ten o'clock. But, as the House knows, we have to meet our rising time of eleven o'clock because we begin early tomorrow. I simply say to the House that if we are to do that comfortably the Back-Bench contributions on the Commons Bill will need to be around six minutes and the Back-Bench contributions on the smoking Bills, likewise, will have to be around six minutes. If we are able to stick to that we shall be able to complete in reasonable time.

Standing Orders (Public Business)

Lord Grocott: My Lords, I beg to move the Motion standing in the name of the Leader of the House on the Order Paper.

Moved, That the Standing Orders relating to public business be amended as follows:

Standing Order 65 (Sessional Committees)

After "Hybrid Instruments Committee" insert "Merits of Statutory Instruments Committee".—(Lord Grocott.)

On Question, Motion agreed to.
 
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Merits of Statutory Instruments

The Chairman of Committees (Lord Brabazon of Tara): My Lords, I beg to move the first Motion standing in my name on the Order Paper.

Moved, That the orders of reference of the Select Committee be amended to read as follows:

"(1) The Committee shall, subject to the exceptions in paragraph (2), consider—

(a) every instrument (whether or not a statutory instrument), or draft of an instrument, which is laid before each House of Parliament and upon which proceedings may be, or might have been, taken in either House of Parliament under an Act of Parliament;

(b) every proposal which is in the form of a draft of such an instrument and is laid before each House of Parliament under an Act of Parliament,

with a view to determining whether or not the special attention of the House should be drawn to it on any of the grounds specified in paragraph (3).

(2) The exceptions are—

(a) Orders in Council, and draft Orders in Council, under paragraph 1 of the Schedule to the Northern Ireland Act 2000;

(b) remedial orders, and draft remedial orders, under section 10 of the Human Rights Act 1998;

(c) draft orders (including draft subordinate provisions orders) under section 1 of the Regulatory Reform Act 2001, subordinate provisions orders under that Act and proposals in the form of a draft order under that Act;

(d) Measures under the Church of England Assembly (Powers) Act 1919 and instruments made, and drafts of instruments to be made, under them.

(3) The grounds on which an instrument, draft or proposal may be drawn to the special attention of the House are—

(a) that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House;

(b) that it may be inappropriate in view of changed circumstances since the enactment of the parent Act;

(c) that it may inappropriately implement European Union legislation;

(d) that it may imperfectly achieve its policy objectives.

(4) The Committee shall also consider such other general matters relating to the effective scrutiny of the merits of statutory instruments and arising from the performance of its functions under paragraphs (1) to (3) as the Committee considers appropriate, except matters within the orders of reference of the Joint Committee on Statutory Instruments."—(The Chairman of Committees.)

On Question, Motion agreed to.
 
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Standing Orders (Private Business)

The Chairman of Committees: My Lords, I beg to move the Motion standing in my name on the Order Paper.

Moved, That the Standing Orders relating to Private Business be amended as follows:

Standing Order 150B

Leave out Standing Order 150B and insert—

"150B Revival of bills

(1) Paragraphs (2) and (3) apply in any case where—

(a) this House resolves that the promoters of a bill which—

(i) originated in this House in an earlier session of this Parliament or in the last Parliament; and

(ii) had not received the Royal Assent,

should have leave to proceed with the bill in the current session; and

(b) the House of Commons concur with the resolution, or have previously passed a resolution to the like effect as the resolution of this House.

(2) The petition for the bill shall be deemed to have been deposited and all Standing Orders applicable to it shall be deemed to have been complied with.

(3) The bill shall be deposited in the office of the Clerk of the Parliaments not later than the fifth day on which the House sits after the passing of the resolution of this House, or (as applicable) the concurrence of the House of Commons, and a declaration, signed by the agent, shall be annexed to the bill stating that it is the same in every respect as the bill at the last stage of the proceedings on it in this House in the last Parliament or, as the case may be, the bill passed by this House.

(4) Paragraph (5) applies in any case where—

(a) this House resolves that the promoters of a bill which—

(i) originated in the House of Commons in an earlier session of this Parliament or in the last Parliament; and

(ii) had not received the Royal Assent,

should have leave to proceed with the bill in the current session; and

(b) the House of Commons subsequently pass a resolution to the like effect as the resolution of this House.

(5) If the bill is brought from the House of Commons in the current session, the agent for the bill shall deposit in the office of the Clerk of the Parliaments a declaration, signed by the agent, stating that the bill is the same in every respect as the bill which was brought from the Commons in the last session.

(6) The following provisions of this Order apply in both of those cases.

(7) The proceedings on the bill in the current session shall be pro forma in regard to every stage through which it passed in the last Parliament or, as the case may be, the last session, and no further fees shall be charged to those stages.
 
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(8) If there is any petition outstanding—

(a) any such petition which stood referred to a select committee on the bill in the last Parliament or, as the case may be, the last session shall stand referred to a select committee on the bill in the current session;

(b) any minutes of evidence taken before a select committee on the bill in the last Parliament or, as the case may be, the last session shall stand referred to a select committee on the bill in the current session;

(c) no petitioners shall be heard before any select committee on the bill in the current session unless their petition has been presented within the time stipulated for the deposit of petitions in the last Parliament or, as the case may be, the last session or deposited pursuant to Standing Order 109(b);

(d) Standing Order 110 shall have effect as if the words "under Standing Order 109 (Reference to committee of petitions against bill)" were omitted.

(9) In this Order "current session" means the session of Parliament in which the resolution of this House is passed and "the last Parliament" and "the last session" shall be construed accordingly."—(The Chairman of Committees.)

On Question, Motion agreed to.


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