Trade Bill — House of Commons, 2018-07-17
Topic: Government Operations
John Simon Bercow (Conservative, Centre-right): I am not concerned unduly about either matter. They do not fall within the auspices of the Chair, but the point has been made by each right hon. and hon. Member, and I trust that we can leave it there Schedule 2 Regulations under Part 1 Amendments made: 4, page 12, line 5, leave out "or 2(1)" Amendment 71, page 12, line 7, leave out "or 2(1)" This amendment is consequential on Amendment 75. Amendment 72, page 12, line 11, leave out "or 2(1)" This amendment is consequential on Amendment 75. Amendment 73, page 12, line 13, leave out "or 2(1)" This amendment is consequential on Amendment 75. Amendment 74, page 12, line 20, leave out "or 2(1)" This amendment is consequential on Amendment 75. Amendment 75, page 13, line 30, at end insert— Part 2A Scrutiny of regulations under section 2(1) Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone "3A (1) A statutory instrument containing regulations of a Minister of the Crown under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament (2) Regulations of the Scottish Ministers under section 2(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (3) A statutory instrument containing regulations of the Welsh Ministers under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales (4) Regulations of a Northern Ireland department under section 2(1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly (5) This paragraph does not apply to regulations to which paragraph 3B applies Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly 3B (1) This paragraph applies to regulations of a Minister of the Crown acting jointly with a devolved authority under section 2(1) (2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned (3) A statutory instrument which contains regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament (4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure (5) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument) (6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before the Scottish Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act) (7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales (8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly." —(George Hollingbery.) This amendment provides for regulations under clause 2(1) of the Bill (implementing international trade agreements) to be subject to the affirmative procedure in Parliament when made by a Minister of the Crown, and in the relevant devolved legislature when made by a devolved authority. Where the regulations are made jointly by a Minister and a devolved authority (by virtue of paragraph 5 of Schedule 1) they are required to be approved in draft by both Parliament and the devolved legislature in question. New Clause 4 Convention about Parliament legislating on devolved matters "(1) Regulations made under section 1(1) by a Minister of the Crown, may not normally make provision which would be within the devolved competence of a devolved authority unless— (a) so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), the Scottish Ministers consent, or (b) so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), the Welsh Ministers consent, or (c) so far as they contain provision which would be within the devolved competence of a Northern Ireland department (within the meaning of paragraph 9 of Schedule 1), unless the Northern Ireland department has given consent (2) Regulations made under section 2(1) by a Minister of the Crown, may not normally make provision which would be within the devolved competence of a devolved authority unless— (a) so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), the Scottish Ministers consent, or (b) so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), the Welsh Ministers consent, or (c) so far as they contain provision which would be within the devolved competence of a Northern Ireland department (within the meaning given in paragraph 9 of Schedule 1), unless the Northern Ireland department has given consent (3) This paragraph does not apply to regulations made by the Secretary of State under— (a) section 35 or 58 of the Scotland Act 1998 (as amended), (b) section 82 or 114 of the Government of Wales Act 2006 (as amended), or (c) section 25 or 26 of the Northern Ireland Act 1998 (as amended)."—(Barry Gardiner.) This new clause would ensure that regulations made by a Minister of the Crown within devolved competence require the consent of Ministers in devolved authorities in accordance with the convention about Parliament legislating on devolved matters while making clear that this does not alter the current powers of Ministers of the Crown in respect of international agreements. Brought up, and read the First time.