BACKGROUND

CONFIDENTIAL

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This subject was raised by Roger Sims (Chislehurst) in the debate on

the Second Reading of the Bill on 21 January. He asked what matters would be covered by those Orders in Council and whether they would

cover such matters as freedoms, education and the judicial system.

..e argued that affirmative procedures would be more appropriate for

such measures. Some amendments may be required to the judicial

system, eg to terminate appeals to the Privy Council, but otherwise

it is not proposed to deal with those subjects under these powers.

The O position have presumably put this amendment forward in

parallel with their demand for more parliamentary consultation on

the Orders in Council relating to nationality.

It is just conceivable that the Opposition may believe that an Order

in Council on nationality could be slipped through under this

paragraph. Such an Order would however be ultra vires.

CONFIDENTIAL

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