Clause 17 - Calculation of time periods
Legislative and Regulatory Reform Bill
6:15 pm
David Heath (Shadow Secretary of State for Constitutional Affairs & Shadow Leader of the House, Law Officers (Constitutional Affairs); Somerton and Frome, Liberal Democrat)
I am fairly clear that the recess, being a period during which the
“House is adjourned for more than four days”,
would not be counted, but what concerns me is what apparently would be counted. A “period of days” could be calculated either side of a Prorogation or Dissolution. I am extremely concerned that orders might be laid before a Dissolution, and then picked up in the opening days of a new Parliament, as Parliament sits, and while swearing in takes place. The clear implication of the clause is that orders can persist over a period of Dissolution or Prorogation; it cannot be interpreted in any other way. I have to say that that is not acceptable. The Minister will have to go away and come back with better wording, because I certainly am not about to accept the principle that such orders could persist during the Dissolution of Parliament. That would be a constitutional outrage, frankly, and I do not believe that it can possibly be intended, although I am quite incapable of reading the words to mean anything else.
My other point is about the interrelationship between the provisions in this part of the Bill on legislative procedure, Standing Orders and rules of the House. I would like an assurance from the Minister that he has had appropriate discussions with the Leader of the House regarding draft changes to Standing Orders being prepared and that we may have sight of those in the House in the context of Report stage, because they refer to our House. We should be clear what the consequential changes in Standing Orders would be to give effect to the legislative procedural proposals that fall within the Bill.