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Proceeding contribution from Viscount Bledisloe (Crossbench) in the House of Lords on Monday, 10 July 2006. It occurred during Committee of the Whole House (HL) and Debate on bill on Legislative and Regulatory Reform Bill.


Legislative and Regulatory Reform Bill

I was somewhat confused when I read the amendment. Having heard the noble Lord move it, I am a great deal more confused. The amendment states: "““A Secretary of State must publish annually a list of all regulations””" that lay burdens on businesses and people. That is to be inserted after Clause 1, which does not refer to regulations but to burdens imposed by all legislation. Does the noble Lord intend to restrict his amendment to burdens that happen to be imposed by secondary legislation, or is he using the word ““regulations”” in a more general sense in relation to burdens imposed by any legislation? If he is using it in the second sense, the task that he seeks to impose on the Secretary of State in subsection (1) of the amendment is absolutely enormous, because Clause 1 refers to burdens imposed by any legislation. During last week’s debates, which, unfortunately, I could not attend, the Minister very much limited that to burdens imposed by regulators and so on. But that is not what the clause states and that is why it is so dangerous. A burden imposed by any legislation could be a burden imposed, for example, by a landlord and tenant Act which states that a landlord or tenant must repair this, that or the other, or by the Sale of Goods Act, which states that the seller must be responsible for the quality of the goods. Such burdens can be altered under Clause 1(2). You could make a regulation under Clause 1 that stated that, henceforward, landlords need not do any repairs and tenants must do them all; or that, henceforward, vendors need take no responsibility for goods and it would just be bad luck if you buy something that does not work. Such burdens are imposed by virtually all legislation; so, if the Secretary of State were annually to have to publish a list of all the burdens imposed on individuals by any legislation in the country, he would merely be made to recite the entire statute book. On the other hand, if the noble Lord does mean regulations in the normal sense, I do not see why he is concerned only with burdens imposed by statutory instruments and the like, and not by burdens imposed by primary legislation. Some of those may need to be reduced, while some certainly do not need to be reduced at all. If the noble Lord is really including in the totality of the 10 per cent that is to be reduced all the obligations imposed on individuals under, say, landlord and tenant, sale of goods, employer, and safety at work legislation, trying to cut the statute book by 10 per cent every two years seems a somewhat ambitious target, even for those who are keenest on deregulation.


Secondary information

Type
Proceeding contribution
Reference
684 c530-1 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Accountability Audit Costs Business Bureaucracy Annual reports Delegated legislation Common law Consumer information EU law Exemptions Government departments Legislation Law Commission Legislative drafting Protection Powers Small businesses Regulation Impact assessments Legislative reform orders
Legislation
Legislative and Regulatory Reform Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk