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Legislative and Regulatory Reform Bill

By objecting to Clause 1, it looks as though I am trying to wreck the Bill, but that is not the intention. My intention is simply to probe the circumstances and I want to know, in particular, why we are having this considerably extensive new Bill instead of merely amending the Regulatory Reform Act 2001. We debated this issue to some extent on the Motion moved last week concerning whether the House should go into Committee—the noble Lord, Lord Jenkin, and others spoke on that occasion—but I think that it is necessary to go over these issues fairly briefly again. I believe that it would have been much better to begin with amendments to the 2001 Act. Following changes to the Bill, in what way does it differ from that Act? Several of the differences are set out in a letter of 27 June from the Minister to me and in the annex to that letter. I accept that Parts 2 and 3 of the Bill are new and that they would be additions rather than amendments to the 2001 Act, but perhaps I may compare what we now find in Part 1 of the Bill with what is in the Act. Four changes have been proposed by the Government. First, they say that the procedure under the 2001 Act is too onerous. That may well be true, and I acknowledged that at Second Reading. It is supported by two examples in the annex to the Minister's letter. Therefore, we shall need amendments to replace some sections of the 2001 Act with Clauses 13 to 20 of the Bill but I do not believe that that would be a fundamental change. Secondly, under the 2001 Act, there is a need to remove a legal burden. There is no power to remove an administrative or financial burden which does not remove any legal burden. Again, I accept that as desirable, but it requires only a short and simple amendment to the 2001 Act. Thirdly, there is an inability under the 2001 Act to use the procedure under that Act to change legislation within the previous two years. No example is given of any problem that has arisen, but it simply requires the removal of a few words in Section 1(2)(a) and (4) of the 2001 Act. Fourthly, there is an inability under the 2001 Act to confer powers of delegated legislation by order. It is highly questionable whether that is desirable, but again if it were desirable it could be dealt with by a short amendment. Finally, there is the absence of any power under the 2001 Act to remove burdens arising other than from the carrying on of activities. That again needs only a very short amendment. Therefore, four short amendments are needed to the substantive provisions of the 2001 Act plus a rather more substantial amendment to the sections dealing with procedure. Why did the Government not start from there instead of pressing for excessive powers to amend primary legislation? The suspicion is that the Government wanted the power to enable them to bypass most of the existing parliamentary checks on the legislative process. Given that the Government are very fond of the expression ““fit for purpose””, I ask the Minister what is the purpose for which this Bill, in its original form, was thought to be fit?