Clause 18
Northern Ireland (Miscellaneous Provisions) Bill
4:15 pm
David Hanson (Minister of State, Northern Ireland Office; Delyn, Labour)
I am grateful for the points that have been made. The simple fact is that we have proposed that the Secretary of State have this power because we hope that the situation will improve and that we can introduce the regulations before 2010. The provisions give the power for the Secretary of State, in conjunction with the Electoral Commission and by order before the House of Commons and another place, to change the provisions in clause 17.
I have said all along that the disapplication period in clause 17 applies until 2010, and we have given the Secretary of State powers to extend that if the situation is worse. The provision in clause 18 allows him to amend the previous clauses by order confirmed by this House, in conjunction with the Electoral Commission, if we feel that the provisions of the legislation need to apply at an earlier date.
I hope, as I am sure other hon. Members present do, that the situation will arise whereby we are able to bring normality to the funding situation in Northern Ireland earlier than 2010. The provision simply gives the Secretary of State the power to do that. I hope that offers an explanation. Hon. Members might remain concerned about the matter. I must repeat that the Secretary of State cannot just exercise the power. It will be exercised in consultation with the Electoral Commission. If hon. Members know Mr. Younger, its current chairman, they would know that the Electoral Commission would have strong views should the Secretary of State exercise the power in an inappropriate way.
If the Secretary of State were to determine that the scheme should be brought forward or ended because the situation had improved, he would need both Houses of Parliament to endorse his decision. That is the reason why the clause is included in the Bill. Given that explanation, I hope that hon. Members will allow it to stand part of the Bill, as drafted.