Select Committee on Delegated Powers and Deregulation Sixteenth Report



HUNTING BILL - FURTHER REPORT


22. Since the Committee reported on the Hunting Bill (13th Report of this Session) the bill has been amended in Committee. The delegated power which the Committee saw as inappropriately delegated was part of the Schedule which was omitted in Committee but there were references in the debate[2] to the Committee's views. Lord Cope of Berkeley said that the Committee's criticism was important and Lord Falconer of Thoroton replying for the Government said (at col. 75) that the point raised by the Committee was one of which the Government would take great note, "particularly after any debate that follows on recommitment".

23. The Parliamentary timetable made it impossible for the Committee to report before Committee Stage on the delegated powers in the alternative Schedules which were included in the Government amendments. The Schedule which was added to the bill contains one delegated power. The Schedule provides that hunting or hare coursing is "supervised" for the purposes of the Schedule only when those responsible are members of or registered with an organisation which is a member of ISAH Ltd or "such other body as the Secretary of State may designate by order in place of ISAH Ltd" (paragraph 3(1)(b)). An order may be made only if ISAH Ltd ceases to exist or statement of objects in its memorandum is altered (paragraph 3(2)). The Committee sees the negative procedure provided by paragraph 3(3) as appropriate to a power limited in this way.

LIQUOR ADVERTISING AND PROMOTION BILL [HL]

INTRODUCTION

24. This is a Private Member's bill (introduced by Lord Stoddart of Swindon). It is clearly modelled on the Tobacco Advertising and Promotion Bill and like that bill contains a number of delegated powers.

POWERS

25. There are powers in the clauses listed below (and listed beside these clauses are the corresponding clauses in the Tobacco Advertising and Promotion Bill).

Clause of BillCorresponding clause
67
7(6)9
911
1618
1719
19 (commencement)21

RECOMMENDATION

26. The Committee (in its 11th Report) found no fault with the delegated powers in the earlier bill, including the Henry VIII power in clause 7, which corresponds with clause 6 of the present bill.[3] As with the earlier bill, there is nothing in this bill which the Committee wishes to draw to the attention of the House.

BOROUGH FREEDOM (FAMILY SUCCESSION) BILL [HL]

27. This private member's bill contains no delegated legislative powers.

REQUEST FOR EVIDENCE ON PROPOSALS FOR A DRAFT DEREGULATION ORDER: DRAFT DEREGULATION (CORRECTION OF BIRTH AND DEATH ENTRIES IN REGISTERS OR OTHER RECORDS) ORDER 2001; DRAFT DEREGULATION (BINGO AND OTHER GAMING) ORDER 2001; DRAFT DEREGULATION (RESTAURANT LICENSING HOURS) ORDER 2001

28. The Committee requests submissions in writing[4] from any interested organisations or individuals no later than Thursday 26 April on the following proposals for draft Deregulation Orders, which were laid before Parliament on 26 March:

·  draft Deregulation (Correction of Birth and Death Entries in Registers or Other Records) Order 2001;

·  draft Deregulation (Bingo and Other Gaming) Order 2001;

·  draft Deregulation (Restaurant Licensing Hours) Order 2001

29. Members of the public who have queries either about these deregulation proposals or the parliamentary deregulation procedure generally are encouraged to address them to the Committee's Clerk. Copies of the proposal and accompanying explanatory memorandum are available to Peers from the Printed Paper Office.[5]


2   See House of Lords Hansard for 26 March 2001. Back

3   11th report (HL Paper 40), paragraph 7. Back

4   The address to write to is: Delegated Powers and Deregulation Committee, House of Lords, Westminster, London SW1A 0PW. Back

5   This report is also published on the Internet at the House of Lords Select Committee Home Page (http://www.parliament.uk), where further information about the work of the Committee is also available. Back


 
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