Clause 30
Crossrail Bill
10:30 am
Stephen Hammond (Shadow Minister, Transport; Wimbledon, Conservative)
I beg to move amendment No. 50, in clause 30, page 20, line 40, at end insert
‘which shall be subject to annulment in pursuance of a resolution of either House of Parliament.’.
This is a probing amendment with the purpose of seeking a clarification from the Minister about the appropriate parliamentary procedure called into action by the clause. I may well have misunderstood that procedure, but I should be grateful for clarification. In other parts of the Bill where the Secretary of State exercises her powers by means of statutory instruments, such an instrument is subject to annulment by Parliament. That is not so in clause 30. As the Committee will be aware, statutory instruments may take one of three forms: some are passed by the affirmative resolution procedure, under which they must be approved by both Houses before they can become law; some are passed by the negative procedure under which they are merely laid before Parliament; and some are not laid before Parliament, but Parliament can annul them. The parent Act states in which form the relevant power should be exercised under parliamentary procedure. It would appear from clause 30(5) and (6) that the statutory instrument in question is to be laid before Parliament, but is not subject to annulment. Should I therefore assume that the appropriate procedure is the affirmative resolution procedure? If so, will the Minister explain why it is different from the other ways in which the statutory instrument is used in the Bill?