Legislation (Territorial Extent) Bill – in a Public Bill Committee at 10:30 am on 27 April 2011.
Harriett Baldwin
Conservative, West Worcestershire
The Clause addresses a point that the hon. Member for Linlithgow and East Falkirk raised at the beginning of the debate. What would happen in the hypothetical situation that it was not possible to make the statement required in the Bill?
The declaration of compatibility provisions simply say:
“The Secretary of State must, when publishing draft legislation…make a statement to the effect that in his or her view the provisions of the Bill are compatible with the principles of legislative territorial clarity”.
However, it also says the Secretary of State must
“make a statement to the effect that although he or she is unable to make a statement of compatibility the government nonetheless wishes to proceed.”
The second part of the declaration of compatibility states:
“The statement must be in writing, be published in such manner as the Secretary of State making it considers appropriate and be laid before each House of Parliament.”
The debate on this clause focuses on particular circumstances such as a situation where it is simply not possible to make the statements required by the legislation. It gives the Secretary of State some leeway, but ensures that the House of Commons is made aware that the Secretary of State was unable to make that statement of compatibility, thereby opening the matter up to become a debatable issue.
Mark Harper
The Parliamentary Secretary, Cabinet Office
My hon. Friend has explained the purpose of the declaration. The concept of a declaration of compatibility is something with which hon. Members are familiar from looking at the declaration made on legislation about the Human Rights Act 1998. A significant difference, however, is that in that declaration clear legal principles are set out in the European convention on human rights, against which the legislation can be measured. Ministers look at that legislation carefully when making such a declaration.
We will not dwell in this debate on a detailed discussion of the European convention on human rights. That would, of course, be out of order and you would take me up on it, Mr Gale, if I strayed. However, there is extensive case law on what the convention means, and when we discuss Clause 4 I will explain why the declaration under discussion is more complicated. Because it is not clearly defined, a Secretary of State would have a real problem in making such a declaration because it is not clear what the Bill is being declared compatible with. That is a real problem, but rather than anticipate the debate, I will go into the issue in more detail when we discuss clause 4. I urge my hon. Friends to oppose clause 3.
Division number 4
Decision Time — Clause 3
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.
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.
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.
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.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
