Clause 87
Local Transport Bill [ Lords ]
1:10 pm
John Leech (Shadow Minister, Transport; Manchester, Withington, Liberal Democrat)
I beg to move amendment No. 237, in clause 87, page 74, leave out lines 4 to 6 and add—
‘(2) The Secretary of State may not make an order under this Chapter unless the Secretary of State has laid a draft of the order before each House of Parliament and the remaining provisions of this section have been complied with.
(3) The Secretary of State must have regard to—
(a) any representations,
(b) any resolution of either House of Parliament; and
(c) any recommendations of a committee of either House of Parliament on the draft order,
made on or with regard to the draft order during the 60-day period.
(4) If, after the expiry of the 60-day period, the Secretary of State wishes to make an order in the terms of the draft, he must lay before Parliament a statement—
(a) stating whether any representations were made under subsection (3)(a); and
(b) if any representations were so made, giving details of them.
(5) The Secretary of State may after the laying of such a statement make an order in the terms of the draft if it is first approved by a resolution of each House of Parliament.
(6) However, a committee of either House may, at any time after the laying of a statement under subsection (4) and before the draft order is approved by that House under subsection (5), recommend under this subsection that no further proceedings be taken in relation to the draft order.
(7) Where a recommendation is made by a committee of either House under subsection (6) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (5) unless the recommendation is, in the same Session, rejected by resolution of that House.
(8) If, after the expiry of the 60-day period, the Secretary of State wishes to make an order consisting of a version of the draft order with material changes, he must lay before Parliament—
(a) a revised draft order; and
(b) a statement giving details of—
(i) any representations made under subsection (3)(a); and
(ii) the revisions proposed.
(9) The Secretary of State may after laying a revised draft order and statement under subsection (8) make an order in the terms of the revised draft if it is first approved by a resolution of each House of Parliament.
(10) However, a committee of either House may, at any time after the revised draft order is laid under subsection (8) and before it is approved by that House under subsection (9), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.
(11) Where a recommendation is made by a committee of either House under subsection (10) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (9) unless the recommendation is, in the same Session, rejected by resolution of that House.
(12) Where a person making representations under subsection (3)(a) has requested the Secretary of State not to disclose them, the Secretary of State must not disclose them under subsections (4)(b) or (8)(b)(i) if or to the extent that to do so would (disregarding any connection with proceedings in Parliament) constitute a breach of confidence actionable by any person.
(13) If information in representations made by a person in response to consultation under subsection (3)(a) relates to another person, the Secretary of State need not disclose the information under subsection (4)(b) or (8)(b)(i) if or to the extent that—
(a) it appears to the Secretary of State that the disclosure of that information could adversely affect the interests of that other person; and
(b) the Secretary of State has been unable to obtain the consent of that other person to the disclosure.
(14) Subsections (12) and (13) do not affect any disclosure that is requested by, and made to, a committee of either House of Parliament charged with reporting on the draft order.
(15) For the purposes of subsections (5) and (9) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.
(16) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft order was laid before Parliament under subsection (2).’.
The amendment is fairly self-explanatory and there has already been lengthy debate about ITAs. The reasons behind the amendment relate back to our discussions about the controversial nature of the ITAs. In line with previous amendments tabled by my hon. Friend the Member for Lewes and me, this one would afford greater parliamentary scrutiny of any orders made under this chapter relating to those ITAs.