Clause 3 - Exempt hunting
Hunting Bill
2:45 pm
Mr Edward Garnier (Harborough, Conservative)
I beg to move amendment No.4, in
clause 3, page 2, leave out lines 15 and 16.
This will be a brief discussion about the negative and affirmative resolution procedures. I am moving the amendment on behalf of my hon. Friend the Member for North Wiltshire and others. Under the clause, the Secretary of State may by order amend schedule 1 to vary a class of exempt hunting. We shall consider shortly the detail of schedule 1. It is a lengthy schedule, which deals with exempt hunting. The powers given to the Secretary of State to make subsidiary legislation and, in this case, to amend primary legislation should be dealt with under the affirmative resolution procedure and not, as clause 48 provides, under the negative resolution procedure.
Clause 48(1) states:
''An order, regulations or rules made by the Secretary of State or the Lord Chancellor under this Act shall be made by statutory instrument.''
Clause 48(2) states:
''An order of the Secretary of State under this Act may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.''
Clause 48(3) states:
''Regulations and rules under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.''
If I am wrong and amendments to the schedule are to be dealt with under the affirmative procedure, I shall be happy. However, the drafting of clause 48, when married to clause 3, is not clear. If the amendments are to be dealt with under the negative procedure, I am unhappy. There is far too much of that, and we ought to stop it.