Clause 14 — Negative Resolution Procedure
New Clause 17 — Disapplication of European Communities Act 1972 (No. 2)
8:45 pm

Amendment proposed: No. 46, in page 8, line 17 [Clause 14], leave out subsection (2) and insert—

'(2) The Minister may make an order in the terms of the draft order subject to the following provisions of this section.

(2A) The Minister may not make an order in the terms of the draft order if either House of Parliament so resolves within the 40-day period.

(2B) A committee of either House charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that no further proceedings be taken in relation to the draft order.

(2C) A recommendation may be made under subsection (2B) only if the committee considers that—

(a) the provision made by the draft order does not serve the purpose specified in section (Power to remove or reduce burdens)(2), (Power to promote regulatory principles)(2) or (Power to implement Law Commission recommendations)(2) (as the case may be);

(b) any relevant condition in section 3(2) is not satisfied in relation to any provision of the draft order referred to in section 3(1); or

(c) the condition in section 3(4) is not satisfied in relation to any provision of the draft order referred to in section 3(3).

(2D) Where a recommendation is made by a committee of either House under subsection (2B) in relation to a draft order, the Minister may not make an order in the terms of the draft order unless the recommendation is, in the same Session, rejected by resolution of that House.'— [Mr. McFadden.]

Amendment proposed to the proposed amendment: (a), in line 5, leave out from 'with' to end of line 18 and insert

'responsibility for this matter may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend that no further proceedings be taken in relation to the draft order.'.— [Mr. Greg Knight.]

Question put, That the amendment be made:—

The House divided: Ayes 200, Noes 258.

Division number 240

See full list of votes (From The Public Whip)

Question accordingly negatived.

Amendment agreed to.

Amendments made: No. 47, in page 8, line 20 [Clause 14], leave out 'subsection (2)' and insert 'this section'.

No. 48, in page 8, line 22, leave out 'subsection (2)' and insert 'this section—

(a) the "30-day period" has the meaning given by section 13(7); and

(b) '.

No. 49, in page 8, line 24, at end insert—

'(5) For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (2B) by a committee of either House but the recommendation is rejected by that House under subsection (2D), no account shall be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.'. [Mr. McFadden.]