Clause 5 — Orders under section 4: Parliamentary control.

Part of Oral Answers to Questions — Health – in the House of Commons at 2:30 pm on 27 November 2012.

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Photo of Jacob Rees-Mogg Jacob Rees-Mogg Conservative, North East Somerset 2:30, 27 November 2012

Amendments 1 and 2 are straightforward. I am sure that Her Majesty’s Government, in their amazing wisdom, will consider these issues from their fine position of understanding, benevolence and kindliness. The Minister for Europe—that great Minister of parliamentary scrutiny of matters European Union, who is to the scrutiny of European matters what Simon de Montfort was to the House of Commons appearing in the first place—knows, in his bold way, that the better the scrutiny, the better the legislation.

My amendments, which are modest and humble, would make a small improvement to the House’s scrutiny of the regulations introduced under Clause 4. That clause has just passed without a voice being raised against it; none the less, it raises important questions about the penalties in different parts of the UK, as we have just discovered, and under it Ministers will be able to make regulations. Amendment 2 would simply take something out of the Bill. It would simplify the legislation. I thought we were all in favour of making our Laws clear and easy for the average elector—those outside the inner workings of the House—to understand.

The amendments would allow Her Majesty’s Opposition, who I hope will join me on this occasion, better to hold the Government to account and ensure that Members were able to address our constituents’ grievances more effectively and swiftly by making further amendments, after the initial statutory instruments were introduced, subject to the affirmative, rather than the negative, procedure. That would enable us to turn up, as I am sure we all would, at the statutory instrument Committees debating the regulations.

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.

House of Commons

The House of Commons is one of the houses of parliament. Here, elected MPs (elected by the "commons", i.e. the people) debate. In modern times, nearly all power resides in this house. In the commons are 650 MPs, as well as a speaker and three deputy speakers.

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.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

Amendment

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.

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.

Opposition

The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".