I beg to move, "That the Clause be read a Second time."

The purpose of the Clause is to alter to some extent the provisions of Sub-, section (1) of Section 8 of the principal Act. It is an attempt to try to place some limitation upon what is at present an absolutely unfettered and unrestricted power inherent in the Secretary of State for Scotland to make modifications upon the terms of an Order when that Order has been approved by the Commissioners. Under the present system power is given to the Secretary of State for Scotland to make modifications upon an Order which has left the Commissioners and has been approved by them, in respect of a recommendation either by a Chairman of Committees or any other Government Department. Having regard to the alteration which is to be made in the Standing Orders, the reports made by Government Departments upon an Order after it has been deposited with them are certain in the future to be considered by the Commissioners, and the decision of the Commissioners will have to be taken if no Amendment is made in the provisions of Sub-section (1) of Section 8 of the principal Act. If one assumes a case arising in the future where the report of a Government Department has been duly brought forward and considered by the Commissioners, and the Commissioners have reached a decision upon it, and have either rejected a suggestion or given effect to it, that ought to end the matter as far as the particular report is concerned. Under the existing legislation it is still open to the Secretary of State to get a new edition of the old report presented by a Government Department, and he may, if he likes, still modify the provisions of an Order in the terms of that report, which ex hypothesi has already been considered and disposed of by the Commissioners.

It is essential, as far as possible, that Commissioners who have been delegated by Parliament should not have their work over-ridden by a Department of State, even by the Secretary of State for Scotland, in matters where they have already reached a decision after due consideration. The purpose of the proposed new Clause is to ensure that any further modifications of an Order after it has left the Commissioners shall be confined to matters arising in a report from a Government Department dealing with modifications of the Order made by the Commissioners themselves, and which the Government Department had not had an opportunity of considering when the original Order was deposited. When legislating for the future of this very important branch of private legislation procedure, one should, as far as possible, be sure that the powers of Parliamentary Commissioners are not interfered with after they have reached a decision. The purpose of the Clause is to make sure that the powers of modification of the Secretary of State shall be restricted to such recommendations which he has received from a Government Department in relation to modifications of the original Order made by the Commissioners during the course of the inquiry. While one cannot hope that all power of modification should be removed from the Secretary of State, the proposed new Clause seeks to preserve his power to modify, but only in respect of all matters which may have arisen consequent upon a modification of the original draft Order deposited with him.