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Legislative and Regulatory Reform Bill

That is brilliant, and the noble Lord is probably right. The important point is that the test in the 2001 Act is not wholly objective. In our view, the words in the Bill are rightly not objective. I am happy to do the research and provide the precise wording so that noble Lords can have a comparison between the two. As I said a few moments ago, however, the ministerial opinion requirement is not new. It is the same as the requirement in legislation that we carried over from 2001, and by implication it is the same as was there in 1994. Noble Lords opposite clearly thought at the time that the subjective test was the right one because it was their legislation, and they argued for it. That is the key point. Use of the words ““he considers”” puts the onus on the Minister to give evidence and justify the proposal, and it is for Parliament to determine whether it agrees with that evidence. It is the same process as that used for primary legislation and, given that these powers are for changing primary legislation, that is important. It is right that judicial review is reserved for circumstances where the challenge is whether that view is reasonable. I return to the point: it is right that the court does not substitute its decision for the Minister’s. That is why the term ““he considers”” is very important to this legislation. It was important in 1994 and in 2001 and it is important in this Bill.