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New Clause — (Provisions as to Northern Ireland.)

CROWN PROCEEDINGS BILL [Lords] – in the House of Commons at 12:00 am on 11 July 1947.

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  1. (1) His Majesty may by Order in Council provide for extending this Act to Northern Ireland with such additions, exceptions, and modifications as appear to His Majesty to be expedient.
  2. (2) An Order in Council under this Section may provide for amending the law with in its application to the Crown in right of His Majesty's Government in the United Kingdom and in its application to the Crown in right of His Majesty's Government in Northern Ireland.
  3. (3) An Order in Council under this Section may provide for amending the law:
    1. (a) with respect to the right of the Crown to sue in a county court in Northern Ireland; and
    2. (b)with respect to the award of costs to or against the Crown in Northern Ireland.
  4. (4) An Order in Council under this Section may be varied or revoked by a further Order in Council made thereunder.
  5. (5) An Order in Council under this Section may include such provisions as appear to His Majesty to be incidental to or consequential on any provisions contained in such an Order by virtue of the preceding provisions of this Section.
  6. (6) So far as any provision contained in an Order in Council under this Section deals with a matter with respect to which the Parliament of Northern Ireland has power to make laws, it shall, for the purposes of Section six of the Government of Ireland Act, 1920 (which relates to the power of the Parliament of Northern Ireland), be deemed to be a provision of an Act passed before the appointed day.
  7. (7) An Order in Council under this Section shall be laid before Parliament as soon as may be after it is made, and, if either House of Parliament, within the next twenty-eight days on which that House has sat after such an Order is laid before it, resolves that the Order be annulled, the Order shall thereupon cease to have effect except as respects things previously done or omitted to be done, without prejudice, however, to the making of a new Order.

Notwithstanding anything in Subsection (4) of Section one of the Rules Publication Act, 1893, such an Order shall be deemed not to be a statutory rule to which that Section applies —[Attorney-General.]

Brought up, and read the First time.

Photo of Mr Hartley Shawcross Mr Hartley Shawcross , St Helens

I beg to move, "That the Clause be read a Second time."

This Clause provides for extending the Bill to Northern Ireland by Order in Council. There is provision for the laying of the Order.

Photo of Mr John Boyd-Carpenter Mr John Boyd-Carpenter , Kingston upon Thames

Can we be told why, in connection with the laying of the Order, the period is for 28 days instead of the more modern form?

Photo of Mr Hartley Shawcross Mr Hartley Shawcross , St Helens

It was thought that this was a sufficient period in the circumstances of this particular class of Order.

Clause added to the Bill.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.