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Amendments made: No. 47, in page 8, line 20 [Clause 14], leave out ‘subsection (2)' and insert ‘this section'.
No. 48, in page 8, line 22, leave out ‘subsection (2)' and insert ‘this section—
(a) the “30-day period” has the meaning given by section 13(7); and
No. 49, in page 8, line 24, at end insert—
‘(5) For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (2B) by a committee of either House but the recommendation is rejected by that House under subsection (2D), no account shall be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.'. — [Mr. McFadden.]
Clause 15
Amendments made: No. 50, in page 8, line 31 [Clause 15], at end insert—
‘(2A) However, a committee of either House charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that no further proceedings be taken in relation to the draft order.
(2B) A recommendation under subsection (2A) may be made only if the committee considers that—
(a) the provision made by the draft order does not serve the purpose specified in section (Power to remove or reduce burdens)(2), (Power to promote regulatory principles)(2) or (Power to implement Law Commission recommendations)(2) (as the case may be);
(b) any relevant condition in section 3(2) is not satisfied in relation to any provision of the draft order referred to in section 3(1); or
(c) the condition in section 3(4) is not satisfied in relation to any provision of the draft order referred to in section 3(3).
(2C) Where a recommendation is made by a committee of either House under subsection (2A) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (2) unless the recommendation is, in the same Session, rejected by resolution of that House.'.
No. 51, in page 8, line 34, leave out ‘subsection (2)' and insert ‘this section—
(a) the “30-day period” has the meaning given by section 13(7); and
No. 52, in page 8, line 34, at end insert—
‘(5) For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (2A) by a committee of either House but the recommendation is rejected by that House under subsection (2C), no account shall be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.'. —[Mr. McFadden.]
Amendments made: No. 53, in page 9, line 5 [Clause 16], leave out from ‘statement' to end of line 6 and insert—
‘(a) stating whether any representations were made under subsection (2)(a); and
(b) if any representations were so made, giving details of them.'.
No. 54, in page 9, line 8, after subsection (4) insert—
‘(4A) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.
(4B) A recommendation under subsection (4A) may be made only if the committee considers that—
(a) the provision made by the draft order does not serve the purpose specified in section (Power to remove or reduce burdens)(2), (Power to promote regulatory principles)(2) or (Power to implement Law Commission recommendations)(2) (as the case may be);
(b) any relevant condition in section 3(2) is not satisfied in relation to any provision of the draft order referred to in section 3(1); or
(c) the condition in section 3(4) is not satisfied in relation to any provision of the draft order referred to in section 3(3).
(4C) Where a recommendation is made by a committee of either House under subsection (4A) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (4) unless the recommendation is, in the same Session, rejected by resolution of that House.'.
No. 55, in page 9, line 18 [Clause 16], after subsection (6) insert—
‘(6A) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (5) and before it is approved by that House under subsection (6), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.
(6B) A recommendation under subsection (6A) may be made only if the committee considers that—
(a) the provision made by the revised draft order does not serve the purpose specified in section (Power to remove or reduce burdens)(2), (Power to promote regulatory principles)(2) or (Power to implement Law Commission recommendations)(2) (as the case may be);
(b) any relevant condition in section 3(2) is not satisfied in relation to any provision of the revised draft order referred to in section 3(1); or
(c) the condition in section 3(4) is not satisfied in relation to any provision of the revised draft order referred to in section 3(3).
(6C) Where a recommendation is made by a committee of either House under subsection (6A) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (6) unless the recommendation is, in the same Session, rejected by resolution of that House.'.— [Mr. McFadden.]
Amendments made: No. 56, in page 9, line 30 [Clause 18], leave out ‘section 1' and insert ‘this Part'.
No. 57, in page 9, line 35 [Clause 18], leave out ‘section 1' and insert ‘this Part'.— [Mr. McFadden.]
Amendments made: No. 58, in page 9 [Clause 19], leave out line 40.
No. 59, in page 10, line 7 [Clause 19], leave out ‘section 1(4)' and insert
‘section (Power to implement Law Commission recommendations)(3)'.— [Mr. McFadden.]
Amendments made: No. 82, in page 10, line 24 [Clause 21], after ‘must' insert
‘, except in a case where subsection (2A) applies,'.
No. 83, in page 10, line 25 [Clause 21], leave out ‘the exercise of' and insert
‘determining any general policy or principles by reference to which the person exercises'.
No. 84, in page 10, line 25 [Clause 21], at end insert—
‘(2A) Any person exercising a regulatory function to which this section applies which is a function of setting standards or giving guidance generally in relation to the exercise of other regulatory functions must have regard to the code in the exercise of the function.'.
No. 85, in page 10, line 26 [Clause 21], leave out
‘duties in subsections (2) and (2A) are'.
No. 86, in page 10, line 28 [Clause 21], leave out subsection (4).— [Mr. McFadden.]
Amendment made: No. 87, in page 11, line 9 [Clause 22], leave out subsections (5) to (7) and insert—
‘(4A) Where the draft laid before Parliament under subsection (4) is approved by resolution of each House of Parliament, the Minister may issue the code (or revised code).
(4B) A code (or revised code) issued under subsection (4A) shall come into force on such date as the Minister may by order made by statutory instrument appoint.'. —[Mr. McFadden.]
Amendment made: No. 60, in page 12, line 17, leave out Clause 24. —[Mr. McFadden.]
Amendment made: No. 88, in page 13, line 25 [Clause 26], leave out from beginning to ‘[The date' in line 26 and insert
‘modified or supplemented from time to time.'.— [Mr. McFadden.]
Amendments made: No. 89, in page 16, line 16 [Clause 29], at the end insert—
‘(aa) the instrument so far as containing that provision is by virtue of any enactment required to be laid before Parliament after being made and to be approved by resolution of each House of Parliament in order to come into or remain in force;'.
No. 90, in page 16, line 17 [Clause 29], after ‘paragraph (a)' insert ‘or (aa)'.
No. 91, in page 16, line 20 [Clause 29], leave out from ‘made' to the end of line 22.
No. 92, in page 16, line 23 [Clause 29], after ‘instrument' insert
‘or a draft of the instrument'.
No. 93, in page 16, line 24 [Clause 29], after ‘required' insert ‘at any time'.
No. 94, in page 16 [Clause 29], leave out line 25.
No. 95, in page 16, line 35 [Clause 29], at end insert—
‘(ba) in a case where the condition in sub-paragraph (2)(aa) above is satisfied, the instrument is not required to be laid before Parliament after being made (and accordingly any requirement that the instrument be approved by each House of Parliament in order for it to come into or remain in force does not apply); and'.
No. 96, in page 17, line 13 [Clause 29], after ‘instrument' insert
‘or a draft of the instrument'
No. 97, in page 17, line 14 [Clause 29], after ‘required' insert ‘at any time'.
No. 98, in page 17 [Clause 29], leave out line 15.
No. 99, in page 17, line 37 [Clause 29], leave out ‘10(2)' and insert ‘11'.— [Mr. McFadden.]
Amendment made: No. 61, in page 18, line 33 [Clause 31], leave out ‘section 1' and insert
‘section (Power to remove or reduce burdens) or (Power to promote regulatory principles)'. —[Mr. McFadden.]
Amendment made: No. 62, in page 18, line 40 [Clause 32], at end insert—
‘“regulatory function” means—(a) a function under any enactment of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to any activity;
(b) a function which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which under or by virtue of any enactment relate to any activity, but does not include any function of conducting criminal or civil proceedings.
(2) In subsection (1), in the definition of “regulatory function”—
(a) the references to a function include a function exercisable by or on behalf of the Crown;
(b) the references to an activity include—
(i) providing any goods or services;
(ii) employing or offering employment to any person.'.— [Mr. McFadden.]
Amendments made: No. 63, in page 19, line 2 [Clause 34], leave out from ‘under' to the end of the line and insert
‘Part 1 which amends or repeals any enactment'.
No. 64, in page 19, line 4 [Clause 34], leave out ‘legislation' and insert ‘enactment'. —[Mr. McFadden.]
Amendment made: No. 65, in title, line 1, leave out ‘reforming legislation' and insert
‘removing or reducing burdens resulting from legislation, promoting regulatory principles'.— [Mr. McFadden.]
9.39 pm
Hilary Armstrong: I beg to move, That the Bill be now read the Third time.
Let me begin by thanking a number of colleagues and others in the House. First, I must thank my ministerial colleagues the Parliamentary Secretaries to the Cabinet Office. I am sorry that one of them did not have a chance to demonstrate his skilful mastery of his brief, but my hon. Friend the Member for Wolverhampton, South-East (Mr. McFadden) demonstrated effectively his ability to master a complicated brief in a very short time. I thank the Under-Secretary of State for Constitutional Affairs, my hon. Friend the Member for Lewisham, East (Bridget Prentice), for her expertise in dealing with the Law Commission aspect of the Bill. I also thankmy hon. Friend the Member for East Renfrewshire(Mr. Murphy), who is now Minister for Employment and Welfare Reform, but who did so much of the work that produced the Bill in the form in which it has been debated over the past two days.
I am grateful for the constructive advice given by a number of key Committees and their Chairs during the last few months on how best to frame the order-making powers in part 1, and on the parliamentary procedures for scrutiny of draft orders. I am particularly grateful to my hon. Friend the Member for Ellesmere Port and Neston (Andrew Miller), to the right hon. Member for East Yorkshire (Mr. Knight), and to my hon. Friends the Members for Cannock Chase (Dr. Wright) and for Hendon (Mr. Dismore).
We have engaged in a lively and interesting debate over the past two days. Despite all the votes, I believe that there has been an advance that most Members throughout the House have recognised. We have sought to achieve a sensible balance between producing a Bill with the power to deliver better regulation—in which respect I confess we were ambitious—and ensuring that Parliament would play a full and constructive role in scrutinising proposals so that we could secure a better regulation agenda overall.
Mr. John Redwood (Wokingham) (Con): Well over a year ago, before the election, the Prime Minister made a fine speech about the importance of deregulation to his Government’s plans. What will the Minister deregulate once the Bill has been passed?
Hilary Armstrong: I am sure the right hon. Gentleman knows that the Bill is only part of the Government’s wide-ranging deregulation agenda. I look forward to working with him on a raft of measures in the public and private sectors to bring about much more effective operation. Perhaps he would like to share some of his ideas with me.
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