Legislation (Territorial Extent) Bill – in a Public Bill Committee at 10:45 am on 27 April 2011.
Mark Harper
The Parliamentary Secretary, Cabinet Office
I wish to make two points. First, my hon. Friend’s intention is that the Bill will come into force automatically three months after Royal Assent. Given that I have set out a number of difficulties with the Bill as drafted, it would require some changes, perhaps significant changes, in the way the legislation is prepared. The Government would have to give proper thought to guidance to ensure that the Bill could be complied with, particularly if we were unable to deal with any lack of clarity about what the Bill meant. The Government would much prefer the Bill to come into effect through a commencement order, rather than that happening automatically.
Subsection (3), which explains the territorial extent, is incompatible with the usual meaning of those words in legislation. As normally used, they apply to the legal jurisdictions within which the Bill will have effect. England and Wales is a single legal jurisdiction, and there is no separate Welsh legal jurisdiction or set of Welsh legislation, so, as drafted, it is not clear exactly what that means. I urge colleagues not to support Clause 5 as drafted.
Harriett Baldwin
Conservative, West Worcestershire
The discussion has been helpful and wide-ranging, and it has illustrated that, on both sides of the House, there are strong feelings on this matter. We have heard a clear statement from the Minister that the concern that the Bill is intended to address is something that he agrees needs to be tackled at this time, while it is not a burning issue, and when it is not on the front burner of constitutional challenges for the Government.
I appreciate everything that the Government have stated today about some issues with the legislation. I am disappointed that the Government did not take the opportunity to table amendments to the Bill, but in speaking to the Clause stand part, I look forward to some improvements in the subtlety of the wording when the Bill returns to the Floor of the House.
Division number 6
Decision Time — Clause 5
Roger Gale
Parliamentary Assembly of the Council of Europe (Substitute Member)
On behalf of the hon. Lady and hon. Members, I take this opportunity to thank the staff of the House for their assistance, without which our business would be a lot harder.
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.
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.
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.
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.
