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Legislative and Regulatory Reform Bill

Two fundamental matters distinguish what was in this Bill, as it originally appeared in another place, from the 2001 Bill. The first one was the attempt by the Government to blur the distinction between primary and secondary legislation. The second was to introduce a new procedure for Law Commission proposals. The first was abandoned on Report in another place. The second is to be abandoned this afternoon by the noble Baroness when she speaks to Clause 3. What is left is, essentially, the 2001 Bill in slightly different form. Is there anything we can do to rescue the Government from their dilemma of having to carry on with the time-consuming passage of this Bill? Yes, there is. It is to transform Clause 1. How should we transform Clause 1? We should transform it by reminding ourselves why the Government said they were introducing the Bill in the first place. They said they were introducing the Bill to implement the Hampton report. It is a very important report, which has many wise things to say about regulation. Its fundamental message is that regulation should be proportionate to risk. That is the core message that we receive from its author. Where do we find that message in the Bill? Nowhere. Where should it be? It should be in Clause 1. Instead of that we have essentially the same language from the 2001 Act which the Government have repeatedly described as an Act that has failed. So I share the views of all those who have spoken to this clause stand part Motion this afternoon: that we should remove the text of Clause 1, keep what is in the 2001 Act, and use Clause 1 to state in a very clear way the principles that appear in Hampton. This clause should be about deregulation. Why is it cast so widely when the purpose of the Bill is, solely, to promote deregulation?