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Legislative and Regulatory Reform Bill

moved Amendment No. 5: Page 2, line 2, leave out from ““department”” to end of line 3. The noble Lord said: My Lords, my amendment to Clause 1(4) would remove the words, "““unless it affects the Minister or department in the exercise of a regulatory function””." The 2001 Act specifically excluded any burden that affects only a Minister of the Crown or government department. The Explanatory Notes to that Act explained that it allowed for the relieving of burdens from anyone, including Ministers and government departments, "““but not where only they would benefit””." Those are the crucial words. That provision is not repeated in the Bill that is before us. It is not right that Ministers or central government departments should be, as it were, self-lawmaking in the exercise of their own regulatory functions in removing burdens from themselves. That is not what the measure is supposed to be about; it is about removing burdens from the economy, business and those who are affected by regulation. When the Hampton committee reviewed this matter, it indicated that in practice it may be possible in most cases to find a third party who was affected, so that the reforms were not for the sole benefit of the Minister or department. I understand that there have been some examples of that under the provisions of the 2001 Act. However, it may not always be the case. I should have thought that in these circumstances we ought to repeat the restriction on the order-making power—that this power should not be used simply to allow Ministers to remove burdens from themselves. If Parliament has by legislation imposed a duty on a government department or Minister, no doubt for very good reason, it is not right that a Minister should come along later with an order and say, ““We do not want it to apply to us””, which is the effect of the measure. That is not right. We should retain the distinction that was made in the 2001 Act that the power cannot be used where only Ministers and their departments would benefit. I hope that on reflection the Minister will accept that. I beg to move.