Amendment of Statutory Instruments Bill

Part of the debate – in the House of Commons at 12:00 am on 10 April 1970.

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Photo of Mr Robin Maxwell-Hyslop Mr Robin Maxwell-Hyslop , Tiverton 12:00, 10 April 1970

It deals with negative Resolution procedures.

The hon. and learned Gentleman may notice the importation of the expression "forty effective days", which is defined in Clause 5. Section 5 of the Statutory Instruments Act, 1946, defines the period of 40 days in which negative Resolution Prayers may be moved. To save repetition, when I was earlier describing the General function of the Bill I tried to outline at some length the somewhat bizarre results of the definition in that section. Conversation with colleagues has shown that a substantial number of hon. Members are not aware how bizarre the definition is. They imagine that the 40 days in which we are permitted to pray against the confirmation of negative Resolution Statutory Instruments are 40 real days—in other words, 40 opportunities. This is far from being the case.

In paragraph (b), in regard to Section 4 of the Statutory Instruments Act, 1946, I did not need to use the number "forty" because it seemed to me that "ten" would more nearly meet the needs of both the Government and the critics of the Measure. The Statutory Instrument covered by paragraph (b) is one that becomes immediately effective but can subsequently be cancelled. There are Statutory Instruments subject to negative Resolution which do not become effective until the expiry of the 40 days. There are also Statutory Instruments which become effective immediately but can subsequently be cancelled.

It seemed to me, although this would be a perfectly reasonable point on which to entertain discussion in Committee, that where a Measure becomes of immediate effect the House should amend it much more speedily than in 40 effective days if it wishes to amend it. If it needs amending, it should be amended as soon as possible. If it does not become effective until after the 40 days, it will not suffer from the amendments being delayed until the fortieth day if necessary.

In Clause 5 I define "effective days" as follows: In this Act 'effective days' means days upon which the standing orders of the House of Commons permit the House to entertain resolutions of amendment under section 4 of this Act, but does not include days upon which such resolutions cannot be debated or determined because the House of Commons is engaged in swearing in honourable Members at the beginning of a new Parliament. To the best of my knowledge, the reason why Prayers cannot be entertained when a new House is being sworn in is not because the Standing Orders of the House specifically exclude it but literally because the House is otherwise engaged. For this reason it was necessary to import that form of words.

We come in Clause 6 to the Calculation of praying time in respect of statutory instruments". In this provision we say: In calculating the period of forty days under sections 5 and 6 of the Statutory Instruments Act 1946 in which either"— note "either"; previously it was "the House of Commons"— either House of Parliament may by resolution pray Her Majesty to annul, or not to confirm a statutory instrument, there shall be excluded—

  1. (a) days upon which the standing orders of each House respectively prevent such prayers from being considered; and
  2. (b) days upon which such prayers may not be considered, because that House of Parliament is prevented from considering such prayers because it is engaged in swearing in its members at the beginning of a new Parliament."
It is quite possible, for obvious reasons, that both Houses of Parliament will not occupy the same number of days in swearing in hon. Members at the beginning of a Parliament. Therefore, that is probably the best way of achieving these twin definitions, bearing in mind the different circumstances and the different numerical memberships of the two Houses.