Orders of the Day — Expiring Laws Continuance Bill – in the House of Commons at 12:00 am on 5 November 1948.
Mr John Beattie
, Belfast West
I should like to ask for an explanation how Clause 2 applies to Northern Ireland, and what is the Act which the Government of Northern Ireland have not passed but which this Clause seeks to continue. What is the power of this Government in Northern Ireland which is not subject to ratification by the Government of Northern Ireland? There are a number of very bad Laws giving powers to this House in Northern Ireland, and I should like to know if these bad laws are to be continued indefinitely. There are some good laws, but there are some very bad ones, and I should like the right hon. Gentleman to inform the House why he seeks power in this Clause to continue laws of which I am not aware, and the continuance of which, if I was aware of them, I should oppose. I might endanger some of the good laws which operate from this House, but, for the purpose of clarification for myself, as I am the only Irish Member now present, I ask the Government for an explanation.
Mr William Hall
, Colne Valley
We are dealing in this Clause with enactments or part of enactments set forth in the Schedule, and some of them apply to Northern Ireland and some quite clearly do not. For instance, the Rent of Furnished Houses Control (Scotland) Act does not apply to Northern Ireland nor to England, nor does the Education (Exemptions) (Scotland) Act. Clause 2 simply continues certain legislation, and where an Act does not apply to Northern Ireland it shall not apply in the future.
Mr John Beattie
, Belfast West
The right hon. Gentleman's explanation has not clarified the position for me. He has wonderful ways of going forward and going backward. If these Laws to which he refers do not apply to Northern Ireland why bring them in here when we have a Government of Ireland Act, 1920? Under it we have the same powers to create and operate laws as has this Government. What I wanted from the right hon. Gentleman were details of the Acts which this Bill applies to Northern Ireland and which we in Northern Ireland cannot make for ourselves. What laws are operating in Northern Ireland which we in Northern Ireland have not the power to operate through the medium of the Government of Northern Ireland? The right hon. Gentleman has not divulged this information. I agree there is the Aliens Restriction (Amendment) Act. Many times we have suffered by that Act and still hon. Members of this Parliament call us friends. I should like the right hon. Gentleman to clarify the position along the lines I have suggested.
Mr Charles Williams
, Torquay
At this stage someone ought to get up and point out that there are a considerable number of Acts which apply to the whole of the United Kingdom—to Northern Ireland, Scotland, Wales and even England, and that most of those Laws are very good. What should be taken notice of this morning is that the hon. Member for West Belfast (Mr. J. Beattie) made a speech which for a great many reasons was one of the best advertisements we have ever had of the great value and virtue of the Government of Northern Ireland. I am glad to see that he thinks the Government of Northern Ireland is absolutely first class.
Mr John Beattie
, Belfast West
The hon. Member wants to ask the Government of Northern Ireland what they think of me.
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.
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 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.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
