Clause 3 - Purposes of orders under section 1(1) or 2(1)
Export Control Bill
12:00 pm
Mr Nigel Griffiths (Parliamentary Under-Secretary, Department of Trade and Industry; Edinburgh South, Labour)
The amendment, which would delete subsection (2), would prevent the Government from imposing temporary export controls by order for purposes that fell outwith those contained in the schedule.
The purpose of subsection (2) is to allow the Government to respond to emergency situations by imposing controls that, exceptionally, do not or might not fall clearly within the proposals set out in the schedule, where the need for such controls is likely to be short term. An amendment to the schedule of purposes is therefore not warranted.
Although we do not anticipate needing to use the power, there is a strong case for retaining it. By definition, the controls involved will be of a kind and needed for a reason that we cannot foresee, so it is not easy to give an example. However, we continue to believe that it is only prudent to take the power, although we also consider it right that it should be subject to Parliament's express approval. As a result, we have imposed a requirement that any orders made for reasons that fall wholly or partly outwith the purposes must be approved by Parliament by the affirmative resolution procedure. That means that any orders made under the subsection would cease to have effect if not approved by both Houses of Parliament before the end of a 30-day period. Moreover, such an order could not remain in force longer than 12 months unless approved again by Parliament under the affirmative resolution procedure.
I remind hon. Members that the power would have to be exercised in a manner consistent with European Community law. The likely effect would be to confirm its use in national emergencies. The published draft of the Bill proposed that the purposes for which export controls could be exercised could be amended by an order subject to delayed affirmative action. The Select Committee on Delegated Powers and Deregulation in another place recommended that such a power should be exercisable under the draft affirmative procedure rather than the delayed affirmative procedure. In view of that recommendation and the fact that the procedure set out in clause 3(2) would be available in an emergency to permit control of exports outside the purposes listed in the schedule, the Bill has been altered. Clause 12(2) now provides for purposes to be amended under the draft affirmative procedure. In addition, orders made under clause 6(1), to require information, are now subject to the affirmative procedure.
I hope that I have demonstrated that we have listened to representations about the draft, and that we have strengthened the Bill after taking the advice in those representations. The use of affirmative resolution procedures would give Parliament an appropriate degree of scrutiny of orders made under the subsection, and I hope that the hon. Member for Twickenham will be willing to withdraw the amendment.