This draft report covers all the Statutory Instruments made since we last dealt with this aspect of our work, and this is one area where we are completely up to date. There is one on the calibration of tanks of vessels, and one on standard mass per storage volume of grain. There is reference on page 2 to the charging of fees, and we are not satisfied that any fees at all should be charged on foot of the provisions in the two instruments as they stand.
Paragraphs 1 and 2 agreed to.
We deal next with the State Financial Transactions Regulations and here we are quite critical. In paragraph 3 of the report we say:
In the foregoing circumstances the Joint Committee concludes that the instrument constitutes an unwarranted use of the statutory powers conferred on the Minister and that the desired powers should have been sought in a Bill. It recommends that the instrument be repealed and an appropriate provision included in the next Finance Bill.
This is an important point of principle which we keep making about Statutory Instruments. I take it the Committee agrees on this matter?
Paragraph 3 agreed to.
The next Regulation deals with the European Communities statistical surveys. As members will see, we are awaiting a further report from the Department concerned.
There was a decision in the Courts which was reported today about the £500 fine but it was not very helpful. In the High Court Mr. Justice Murnaghan refused to decide that a fine of £500 was so high as to take it out of the category of minor offence.
Paragraph 4 agreed to.
We now come to a Regulation which deals with non-life insurance. We commend the draftsman on the way this Regulation was drafted. However, in the draft report we say that it would have been even better if Regulation 3 (1) had specified the kind of insurance excluded from the provisions of the instrument instead of merely referring to the pertinent articles of the Directive by number.
Paragraph 5 agreed to.
Now we come to the Statutory Instrument dealing with detergents. We dealt with this before in a previous report, the 22nd report. I think the Committee may award themselves a modest pat on the back as the Department of Industry and Commerce has accepted our criticism.
Paragraph 6 agreed to.
Those are the only comments we have to make on the 15 statutory instruments. I take it the draft Report is agreed?
Many of those instruments need a specialist committee to deal with them. Surely it would be better if the people involved were asked to give their comments to the Committee in the first instance?
That is done in sub-committee. The Departments are most helpful and we do not have any trouble in getting the best assistance from them on technical aspects.
Draft Report agreed to.
Ordered: To report accordingly.
Before we adjourn I would like to wish members a very happy Christmas.
The Committee adjourned at 4.25 p.m.
