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Legislative and Regulatory Reform Bill

It is always risky to get into an argument with the noble Lord, Lord Tebbit. I am sure that by speaking to the amendment, I am walking into a big elephant trap. I am somewhat puzzled. Earlier this afternoon the noble Lord reminded us that the Bill was not at all necessary and that a previous Government had, under the 1972 Act, done something through an order which was not opposed by Parliament. So there is an instrument available that allows the Government to do whatever they want without the 1994 Act or the 2001 Act or the 2006 Act. Given that there was some turning against Europe in the previous Government, I am puzzled that they did not use that provision more. If such a powerful instrument exists, why is it that no Government have used it? I have not been a Cabinet Minister, so I do not know, but I suspect that there are considerable problems in using that method of issuing orders to remove things. Depending on one’s view—and taking the example given by the noble Lord—you could impose the additional burden on the Armed Forces and remove the discrimination at that stage. I am not sure whether this amendment is telling us to use the instrument more or whether, as the noble Lord, Lord Waddington, said, this is a great opportunity to remove the burden of Europe entirely from our shoulders.