INTRODUCTION

33. This bill is identical to the bill which arrived from the House of Commons very late in the last Parliament and on which the Committee reported in May (22nd Report, session 2000-01). At that time there was only one provision which troubled the Committee - clause 12. The Committee did not understand why no provision was made for Parliamentary control over an Order in Council conferring privileges and immunities on the World Bank (the International Bank for Reconstruction and Development). Further, the Committee was concerned that if the Secretary of State were to make an order under subsection (5) adding a new institution to the list in subsection (3), there would be no Parliamentary control over an Order conferring privileges and immunities on that institution unless the Secretary of State chose to include in her order an amendment to subsection (4) applying draft affirmative procedure.

34. Very shortly before the dissolution of Parliament the Department for International Development replied to the Committee's criticism in a memorandum which argued—

(a) The special position of the International Bank had a historical basis. But this argument is weakened by the admission that the Order in Council conferring privileges and immunities on the Bank had been amended in 1976 by an order made under a power which required approval in draft by both Houses.

(b) The Secretary of State's power was subject to negative procedure and if she made an order which did not make the appropriate amendment to subsection (4), there would be a prayer against the order.

35. The memorandum went on to express the hope that the Committee would not press for amendments to the bill. Clearly, although it is not for the Committee itself to press for amendments, as we make our recommendations to the House as a whole, amending the bill might have seriously damaged any chances that it might have had of reaching the statute book later that month.

36. In the event, the bill did not proceed further in the Lords, and fell at the end of the Parliament.

RECOMMENDATION

37. The Committee would hope that the opportunity would be taken to make the simple amendment suggested by the Committee (to apply affirmative procedure to all orders under subsection (1)) before the new bill was introduced. The House may wish to consider whether the bill should be amended accordingly.

38. There is nothing else in the bill which the Committee wishes to draw to the attention of the House.