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Legislative and Regulatory Reform Bill

The advice is that, whatever the nature of the secondary legislation, Ministers have to comply and the legislation has to be compatible. In light of the noble Lord’s comments, we should look at that again. If his point was right that may well change the position. No Minister may, by virtue of Section 6, ever make incompatible secondary legislation. Perhaps we should follow this up outside our debate. While I stand by our undertakings, I would not wish to enshrine in statute a procedure that is, with the greatest respect to those undertakings, confirming something that is already compulsory. Indeed, it could even give the false impression that it would be legitimate for the Minister to make secondary legislation that he considers to be incompatible with convention rights. While I understand completely the intention behind Amendments Nos. 84 and 85, and while I reiterate the undertakings that the Government have given, I invite the noble Lord to withdraw the amendment.