rs1411605.559-565

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

559

House of Commons

Tuesday 16th May 2006

Report Stage Proceedings

Legislative and Regulatory Reform Bill, As Amended

[second Day]

NEW CLAUSES

Report on operation of Act

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Negatived on division  nc2

To move the following Clause:—

‘Before the end of the six months beginning with the day on which this Act is

passed and annually thereafter, the Secretary of State must prepare and lay before

Parliament a report setting out his estimate of the extent to which orders, rules and

schemes made pursuant to this Act have—

(a)
removed or reduced any burden,

(b)
re-enacted any provision having the effect of imposing any burden, in

cases where the burden was proportionate to the benefit that was

expected to result from such re-enactment,

(c)
made any new provision having the effect of imposing a burden that has

affected any person in the carrying on of the activity, but was

proportionate to the benefit that was expected to result from its creation,

or

(d)
removed inconsistencies and anomalies in legislation.’.

Part 1 (excepted matters) (No. 1)

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Mr Roger Gale

Not called  nc3

To move the following Clause:—

‘(1)
A Minister may not by order under Part 1 make provisions—

Report Stage Proceedings: 16th May 2006
560

Legislative and Regulatory Reform Bill, continued

(a)
in relation to Part 1 of this Act;

(b)
in relation to the Human Rights Act 1998;

(c)
in relation to the reserved matters set out in Schedule 5 of the Scotland

Act 1998; or

(d)
which are incompatible with the European Convention on Human

Rights.’.

Part 1 (limitation on burdens and costs)

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  nc4

To move the following Clause:—

‘(1)
Save insofar as the Order relates to a person exercising a regulatory function, a

Minister may not by order under Part 1 make provision which—

(a)
makes more onerous any duty which may be owed by any person, or any

obligation under which any person may be;

(b)
imposes any duty or obligation on any person which is greater than any

duty or obligation from which it relieves that person;

(c)
results in increases in cost for any person; or

(d)
creates any disbenefit for any person which is greater than any benefit to

that person.’.

Delay in proceedings under section 13

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Negatived on division  nc5

To move the following Clause:—

‘(1)
Where within the period set out in section 13 either House of Parliament resolves

that the content of an order is inappropriate for provision to be made under section

[Power to remove or reduce burdens] , there shall be no further proceedings in

respect thereof.

(2)
An order which has the same or similar effect to one that has previously been

prevented from passing under the provisions of subsection (1) may not be laid

under Part 1 within the subsequent two-year period.

(3)
In this section, “two year period” means the period of two years beginning with

the day on which the draft order was laid before Parliament under section 12.’.

Report Stage Proceedings: 16th May 2006
561

Legislative and Regulatory Reform Bill, continued

Reference of order to second reading committee

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  nc6

To move the following Clause:—

‘Where within the period referred to in section 13, either House of Parliament

resolves that the content of an order is inappropriate for provision to be made

under section 1 and that such order should be treated as a Bill, then the order may

be deemed to be a Bill and shall be referred to a second reading committee.’.

Expiry

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  nc7

To move the following Clause:—

‘Part 1 of this Act shall cease to have effect at the end of the period of five years

beginning with the day on which it is brought into force.’.

Section 12 (limitation on burdens and costs)

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  nc8

To move the following Clause:—

‘Each draft Order laid in accordance with section 12 shall contain a certificate

made by the Minister to the effect that it does not make provision which—

(a)
makes more onerous any duty which may be owed by any person, or any

obligation under which any person may be;

(b)
imposes any duty or obligation on any person which is greater than any

duty or obligation from which it relieves that person;

(c)
results in increases in cost for any person; or

(d)
creates any disbenefit for any person which is greater than any benefit to

that person.’.

Report Stage Proceedings: 16th May 2006
562

Legislative and Regulatory Reform Bill, continued

Part 1 (impact on small business)

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Mr Roger Gale

Not called  nc9

To move the following Clause:—

‘(1)
An order under Part 1 must, where its application extends to small businesses, be

for the purpose of—

(a)
removing or reducing any burden,

(b)
re-enacting provision having the effect of imposing any burden in cases

where the burden is proportionate to the benefit expected to result,

(c)
the removal of inconsistencies and anomalies.

(2)
In this section, the meaning of “small business” is the same as in section 249 of

the Companies Act 1985.

(3)
In this Act “burden” includes—

(a)
a restriction, requirement or condition, (including one requiring the

payment of fees or preventing the incurring of expenditure) or any

sanction (where criminal or otherwise) for failure to observe a restriction

or to comply with a requirement or condition,

(b)
any limit on the statutory powers of any person (including a limit

preventing the charging of fees or the incurring of expenditure), and

(c)
any matter which in the opinion of a Minister of the Crown causes

inconvenience or imposes cost.’.

Law Commission recommendations

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  nc10

To move the following Clause:—

‘(1)
In section [Power to implement Law Commission recommendations],

“recommendations of any one or more of the United Kingdom Law

Commissions” means proposals in the form of a draft B ill or draft Order, which

do not relate to—

(a)
the creation of a new offence that is punishable, or increases the penalty

for an existing offence so that it is punishable—

(i)
on indictment, with imprisonment exceeding thirty months; or

(ii)
on summary conviction, with imprisonment exceeding the

normal maximum term or a fine exceeding Level 5 on the

Standard scale.

(b)
authorisation of forcible entry, search and seizure,

(c)
family law and rights of occupation,

Report Stage Proceedings: 16th May 2006
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Legislative and Regulatory Reform Bill, continued

(d)
landlord and tenant law, in so far as it affects the rights of tenants.’.

Part 1 (excepted matters) (No. 2)

Mr David Heath

David Howarth

Not called  nc11

To move the following Clause:—

‘Nothing in this Act shall authorise any of the following—

(a)
the making of an order that amends this Act,

(b)
the making of an order that amends the Human Rights Act 1998,

(c)
the making of an order that restricts or interferes with the exercise of any

right mentioned in the European Convention on Human Rights or in the

Human Rights Act 1998.’.

Extent (No. 2)

Dr Alan Whitehead

Not called  nc12

To move the following Clause:—

‘Nothing in this Act shall authorise the making of an order that amends this Act.’.

Disapplication of European Communities Act 1972

Mr William Cash

Mr David Heathcoat-Amory

Mr Edward Leigh

Mr Richard Shepherd

Sir Peter Tapsell

Mr Nigel Dodds

Mark Pritchard

Mr Michael Fallon

Mr Philip Dunne

Mr David Burrowes

Mr Charles Walker

Mr Lee Scott

Mr Stewart Jackson

Peter Viggers

Mr James Gray

Mr Nick Hurd

Mr Philip Hollobone

Mr Mark Lancaster

Mr David Gauke

Anne Main

Mr Graham Stuart

Miss Ann Widdecombe

Mr Roger Gale

Not selected  NC13

To move the following Clause:—

Report Stage Proceedings: 16th May 2006
564

Legislative and Regulatory Reform Bill, continued

‘(1)
Where legislation is made under section 1(3)(b) provision made under

Community treaties, Community instruments and Community obligations shall

not be binding in legal proceedings in the United Kingdom.

(2)
In section 1 and in this section—

“Community instrument” and “Community obligation” have the same meaning

as in Part 2 of Schedule 1 to the European Communities Act 1972 (c.68);

“Community treaties” has the same meaning as in section 1(2) of the European

Communities Act 1972.’.

Veto by specified number of Members of House of Commons

Mr David Heath

David Howarth

Negatived on division  nc14

To move the following Clause:—

‘No order may be made under Part 1 where both of the following conditions have

been fulfilled—

(a)
within the period defined in section 13(7), more than 10 per cent. of the

members of the House of Commons have signified to the Speaker in

writing that they object to the use of the Act for purpose of introducing

the order in question, and

(b)
the members referred to in subsection (1) above are not all members of

the same party.’.

Sub-delegated legislative functions

Mr David Heath

David Howarth

Negatived on division  nc15

To move the following Clause:—

‘(1)
Where, by an order under this part, the function of legislating has been conferred

on a person, any legislation that person makes must be made by statutory

instrument.

(2)
The procedures specified in section 10 and section [Veto by specified number of

Members of House of Commons] shall apply to any legislation made by any

person on whom the power to legislate has been conferred under this part.

(3)
Any person on whom the power to legislate has been conferred under this part

shall be subject to the same duties to consult before exercising that power as those

to which a minister of the Crown is subject under section 11.

(4)
Legislation made by a person on whom the function of legislating has been

conferred under this part—

(a)
may not delegate further any power to legislate,

(b)
may only be made for purposes for which orders under this part may

themselves be made, and

Report Stage Proceedings: 16th May 2006
565

Legislative and Regulatory Reform Bill, continued

(c)
is subject to the same restrictions as orders under this part.’.

Protection of constitutional arrangements

Mr David Heath

David Howarth

Not called  nc16

To move the following Clause:—

‘(1)
Provision under Part 1 may not alter the constitutional arrangements of the United

Kingdom.

(2)
In subsection (1) above, “constitutional arrangements of the United Kingdom”

include, but are not limited to—

(a)
the powers of and succession to the Crown;

(b)
the powers and composition of either House of Parliament;

(c)
the basis of election or appointment of Members of either House of

Parliament;

(d)
the duration of Parliaments;

(e)
the appointment, powers, duties and obligations of judges or magistrates

of any court;

(f)
the devolution settlements in Northern Ireland, Scotland and Wales;

(g)
the establishment or disestablishment of any church or religion;

(h)
the arrangements for local government;

(i)
the fundamental rights and freedoms of those living in the United

Kingdom, including rights under the European Convention on Human

Rights, the right to jury trial, the right not to be detained without charge,

rights concerning nationality or immigration status and the conditions

under which any person may be extradited from the United Kingdom;

(j)
the law relating to freedom of information, data protection, the regulation

of investigatory powers, the powers and organisation of the police and

the powers and organisation of the security services.’.