House of Lords House of Commons Joint Committee on Statutory Instruments Minutes of Proceedings Session 2005–06 Joint Committee on Statutory Instruments The Joint Committee on Statutory Instruments (JCSI) is appointed to consider all statutory instruments made in exercise of powers granted by Act of Parliament. Instruments not laid before Parliament are included within the Committee's remit; but local instruments and instruments made by devolved administrations do not fall to be considered by JCSI unless they are required to be laid before Parliament. The Joint Committee is empowered to draw the special attention of both Houses to an instrument on any one of a number of grounds specified in the Standing Order under which it works; or on any other ground which does not impinge upon the merits of the instrument or the policy behind it. Membership during 2005-06 Session House of Lords Lord Brougham and Vaux CBE (Conservative) Lord Dykes (Liberal Democrat) Baroness Gale (Labour) Baroness Goudie (Labour) (discharged 15.2.06) Lord Gould of Brookwood (Labour) (added 15.2.06) Lord Greenway (Cross Bench) Lord Howard of Rising (Conservative) Lord Mancroft (Conservative) House of Commons David Maclean MP (Conservative, Penrith and The Border) (Chairman) (added 12.6.06) Dr Roberta Blackman-Woods MP (Labour, City of Durham) Mr Peter Bone MP (Conservative, Wellingborough) Mr Jeffrey M. Donaldson MP (Democratic Unionist, Lagan Valley) (discharged 24.10.05) Mr Eric Forth MP (Conservative, Bromley and Chislehurst) (Chairman) (died: 17.05.06) Michael Jabez Foster MP (Labour, Hastings and Rye) Mr David Kidney MP (Labour, Stafford) Mr John MacDougall MP (Labour, Central Fife) David Simpson MP (Democratic Unionist, Upper Bann) (added 24.10.05) Powers The full constitution and powers of the Committee are set out in House of Commons Standing Order No. 151 and House of Lords Standing Order No. 74, available on the Internet via www.parliament.uk. Publications The reports of the Committee are published by The Stationery Office by Order of both Houses. All publications of the Committee are available on the Internet from www.parliament.uk. Committee staff The current staff of the Committee are Mick Hillyard (Commons Clerk), Kath Kavanagh (Lords Clerk), and Jacqueline Cooksey (Committee Secretary) Contacts All correspondence should be addressed to the Clerk of the Joint Committee on Statutory Instruments, Delegated Legislation Office, 7 Millbank, London SW1P 3JA. The telephone number for general inquiries is: 020 7219 2830; the Committee's e–mail address is: [email protected]. Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 1 Proceedings of the Committee Tuesday 5 July 2005 Present: Lord Brougham and Vaux Dr Roberta Blackman-Woods MP Lord Dykes Mr Peter Bone MP Baroness Gale Mr Eric Forth MP Mr David Kidney MP Mr John MacDougall MP Mr Allan Roberts, Mr Peter Milledge, Mr Alan Preston and Mr Anwar Akbar in attendance. The Orders of Reference are deemed to have been read. Members declared their interests, pursuant to the resolution of the House of 13 July 1992 (see Appendix). It is moved that Mr Eric Forth do take the Chair —(Lord Brougham and Vaux). The same is agreed to. The Joint Committee deliberate. Resolved, That the special attention of both Houses be drawn to the Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392) on the ground that the instrument is defectively drafted. Resolved, That the special attention of both Houses be drawn to the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 (S.I. 2005/449) on the ground that the instrument requires elucidation. Resolved, That the special attention of both Houses be drawn to the Register of Fines (Amendment) Regulations 2005 (S.I. 2005/485) on the ground that the instrument is defectively drafted. Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses. A draft Report is laid before the Committee by the Chairman. Resolved, That the Report be the First Report of the Committee. 2 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords. Ordered, That the Joint Committee be adjourned to Tuesday 12 July. ______________________ Tuesday 12 July 2005 Present: Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Baroness Gale Mr Peter Bone MP Baroness Goudie Michael Jabez Foster MP Lord Greenway Mr David Kidney MP Lord Howard of Rising Mr John MacDougall MP Mr Allan Roberts, Mr Peter Milledge, Mr Alan Preston and Mr Peter Brooksbank in attendance. The Order of Adjournment is read. The proceedings of Tuesday 5 July are read. The Joint Committee deliberate. Resolved, That the special attention of both Houses be drawn to the Sea Fishing (Restriction on Days at Sea Order) 2005 (S.I. 2005/393) on the grounds that the instrument fails to implement properly a provision of the relevant Council Regulation and is defectively drafted. Resolved, That the special attention of both Houses be drawn to the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 (S.I. 2005/480) on the grounds that the instrument is defectively drafted and makes an unexpected use of the enabling power. Resolved, That the special attention of both Houses be drawn to the Fines Collection (Amendment) Regulations 2005 (S.I. 2005/484) and the Collection of Fines (Pilot Schemes) (Amendment) Order 2005 (S.I. 2005/487) on the grounds that the instruments are defectively drafted. Resolved, That the special attention of both Houses be drawn to the Family Proceedings (Amendment No. 3) Rules 2005 (S.I. 2005/559) on the grounds that copies of the instrument that were supplied to the Committee and the version originally published were incomplete. Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 3 Resolved, That the special attention of both Houses be drawn to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 (S.I. 2005/560) on the grounds that the instrument does not comply with proper drafting practice. Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses. A draft Report is laid before the Committee by the Chairman. Resolved, That the Report be the Second Report of the Committee. Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords. Ordered, That the Joint Committee be adjourned to Tuesday 19 July. ______________________ Tuesday 19 July 2005 Present: Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Baroness Gale Mr Peter Bone MP Lord Greenway Mr Jeffrey M Donaldson MP Michael Jabez Foster MP Mr David Kidney MP Mr John MacDougall MP Mr Peter Milledge, Mr Alan Preston and Mr Anwar Akbar in attendance. The Order of Adjournment is read. The Proceedings of Tuesday 12 July are read. The Joint Committee deliberate. Resolved, That the Committee notes that Deputy Counsel, Alan Preston, is retiring in September; and records its appreciation for the way in which he has served the Committee with great distinction. Resolved, That the special attention of both Houses be drawn to the Road Traffic (NHS Charges) Amendment Regulations 2005 (S.I. 2005/475) on the ground that the instrument is defectively drafted. Resolved, That the special attention of both Houses be drawn to the National Health Service (Pharmaceutical Services) Regulations 2005 (S.I. 2005/641) on the ground that the instrument is defectively drafted and requires elucidation. 4 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses. Ordered, That the written evidence submitted in relation to the Criminal Procedure Rules 2005 (S.I. 2005/384) be reported to both Houses. Ordered, That the written evidence submitted in relation to the Pensions Regulator Tribunal Rules 2005 (S.I. 2005/690) be reported to both Houses. A draft Report is laid before the Committee by the Chairman. Resolved, That the Report be the Third Report of the Committee. Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords. The Joint Committee further deliberate. A draft Report [Departmental Returns, 2004] is laid before the Committee by the Chairman. Ordered, That the draft Report be read a second time, paragraph by paragraph. Paragraphs 1 to 9 are read and agreed to. Resolved, That the Report be the First Special Report of the Committee to each House. Several papers were ordered to be appended to the Report. Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords. Resolved, That the Chairman write to a number of Departments requesting further information on certain S.I.s specifically mentioned in the report. Ordered, That the Joint Committee be adjourned to Wednesday 12 October. ______________________ Wednesday 12 October 2005 Present: Baroness Gale Mr Eric Forth MP (Chairman) Baroness Goudie Mr David Kidney MP Lord Howard of Rising Mr John MacDougall MP Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance. Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 5 The Order of Adjournment is read. The Proceedings of Tuesday 19 July are read. The Joint Committee deliberate. Resolved, That the Committee welcome new Counsel Peter Davis. Resolved, That the special attention of both Houses be drawn to the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) on the ground that the instrument is defectively drafted.