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Legislative and Regulatory Reform Bill

moved AmendmentNo. 112A: Page 13, line 17, leave out paragraph (a). The noble Lord said: This amendment seeks to tease out of the Government the justification for embodying principles of better regulation in statute and having a statutory code of practice. There is no argument about the importance of the principles embodied in Clause 23(2)(a), nor of the value of having a code of practice. What is at issue is whether the principles are best realised through a voluntary or a statutory code. Applying the principles of better regulation did not create a problem when applied at the level of general functions. As the Bill is drafted, however, it opens up the prospect of particular regulatory decisions being challenged in the courts for failing to fulfil one of the enumerated principles. On the face of it, that may seem quite justifiable. However, I draw a parallel with what we see happening at the moment at the European level with Ordnance Survey material. There would seem to be an obvious case for making such material publicly available, but the Government have now realised that there are security implications if all the material is made available, and are seeking to achieve some change to the proposal. Similarly, with regard to this clause, the principle of transparency would appear to be incontestable. However, what if it were utilised for the purpose of acquiring material about the activity of regulators in tackling suspected criminal activities? The same applies to the principles. There is an arguable case that they could be utilised to undermine regulators in the fulfilment of their functions. I know a number of regulators are unhappy about this part of the Bill, and would prefer a voluntary agreement rather than a relatively inflexible statutory code. I have therefore put down my amendment and given notice of my intention to oppose the Questions that Clauses 24 to 26 stand part of the Bill. I appreciate that there are probably better ways of getting at what I seek to achieve. I do not regard that as crucial, since my purpose is essentially to eke out of the Government a justification for Part 2. Not surprisingly, we focused very much on Part 1, but it is important that we ensure that this part is adequately probed and considered. I think the regulators’ concern deserves a response. I beg to move.