Education and Skills Bill – in a Public Bill Committee at 4:15 pm on 21 February 2008.
Nick Gibb
Shadow Minister (Education) (Schools)
I beg to move Amendment No. 89, in Clause 48, page 26, line 27, leave out ‘Regulations may’ and insert
‘The Secretary of State must by regulations’.
The purpose of the amendment is to ensure that regulations are introduced that direct both the procedures for making appeals and the hearing of such appeals. As drafted, the clause says that the Secretary of State “may” make regulations about the procedures for appeals and the powers of the attendance panel in hearing appeals. The Secretary of State could therefore decide not to publish such regulations or lay them before Parliament for scrutiny and debate. The rules relating to appeals and the procedures of the attendance panels could, de facto, be decided by Executive action. On matters that are clearly judicial or quasi judicial, there should be clear rules that are scrutinised by the House in some form. The amendment replaces the word “may” with “must” and I hope it receives the Minister’s support.
Jim Knight
Minister of State (Schools and Learners), Department for Children, Schools and Families, Minister of State (Department for Children, Schools and Families) (Schools and Learners)
I shall try to be brief, in the hope that that does not cause me any trouble. In essence, the argument that I would put to the hon. Gentleman is that it is almost without precedent for the Government to put into law a requirement that the Secretary of State “must” use regulations. It is standard practices that regulations “may” be made by the Secretary of State. I can reassure the hon. Gentleman that it is absolutely the Government’s policy and intention to issue regulations in this case. Changing the text to make the Secretary of State responsible for the regulations would make no difference to the current situation in which he is clearly responsible and will make the regulations.
Nick Gibb
Shadow Minister (Education) (Schools)
Given that explicit and firm assurance that the Secretary of State will make those regulations, I beg to ask leave to withdraw the Amendment.
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.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
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.
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.
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.
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.
