---

Legislative and Regulatory Reform Bill

moved Amendment No. 9: Page 2, line 21, leave out paragraph (c). The noble Lord said: My Lords, I shall speak also to the other amendments in this group. Amendment No. 9 is a minor and technical drafting amendment, which merely deletes an unnecessary paragraph in Clause 1(7). Noble Lords will see that paragraph (c) repeats a provision already made by paragraph (b). Amendment No. 35 is also a minor and technical drafting amendment. It would align the definition of ““EEA agreement”” to be inserted into the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999—the Scotland Act order—by Clause 26(3) of the Bill with the definition of ““EEA agreement”” to be inserted into the Interpretation Act 1978 by Clause 26(1) of the Bill. That would simplify the definition to be inserted into the Scotland Act order and make it less cumbersome to use in practice. The amendment has of course been agreed with the Scottish Executive. The purpose of subsections (1) and (3) of Clause 26 is, among other things, to amend the Interpretation Act and the Scotland Act order respectively by inserting a new standard definition of ““EEA agreement””, which means that references in domestic legislation to the EEA agreement will automatically be to the most up-to-date version of that agreement. The definition of ““EEA agreement”” to be inserted into subsection (1)(a) will allow Acts of Parliament, and subordinate legislation made under them, to refer automatically to the most up-to-date version of the EEA agreement. The definition of ““EEA agreement”” to be inserted into the Scotland Act order will allow Acts of the Scottish Parliament and Scottish subordinate legislation to refer automatically to the most up-to-date version of the EEA agreement. As currently drafted, the definition of ““EEA agreement”” to be inserted into the Interpretation Act by Clause 26(1) refers to that agreement as, "““modified or supplemented from time to time””." However, the definition of ““EEA agreement”” to be inserted into the Scotland Act order by Clause 26(3) refers to the EEA agreement as, "““from time to time modified or supplemented by or under the Community Treaties””." Amending the definition of ““EEA agreement”” to be inserted into the Scotland Act so that it also refers to that agreement as, "““modified or supplemented from time to time””," will prevent any confusion that may have resulted from the existence in domestic legislation of two differently worded definitions of ““EEA agreement””. The amendment would remove the phrase, "““from time to time modified or supplemented by or under the Community Treaties””," from the definition to be inserted into the Scotland Act order and would replace it with, "““modified or supplemented from time to time””." That would simplify the definition of ““EEA agreement”” to be inserted into the Scotland Act order and align it with the definition to be inserted into the Interpretation Act 1978. The current definition to be inserted into the Scotland Act order refers to the agreement on the EEA signed at Oporto, together with the protocol signed at Brussels, as from time to time modified or supplemented by or under the Community treaties. That definition works because any modification of the agreement that is not a Community treaty can be designated as one under Section 1(3) of the European Communities Act 1972. However, this is cumbersome, as it requires the making of an Order in Council. The amendment would make the definition simpler and would remove the need for an Order in Council by removing the reference to ““Community Treaties”” and allowing the definition of ““EEA agreement”” to capture all amendments and modifications to the agreement without the need for an Order in Council. I now turn to two final minor and technical amendments—Amendments Nos. 38 and 41—which have been agreed with the Department for Social Development in Northern Ireland. They are intended simply to update a reference in the Deregulation and Contracting Out (Northern Ireland) Order 1996 so that it refers to Sections 1 or 2 of the Legislative and Regulatory Reform Act 2006, rather than Section 1 of the Regulatory Reform Act 2001. Article 17(1) of the order refers to Section 1 of the Regulatory Reform Act 2001. As the LRRB is repealing and replacing that Act, the reference in Article 17 will need to be updated to refer to Sections 1 or 2 of the 2006 Act. Article 17 enables the Department for Social Development in Northern Ireland to maintain parity with the DWP in the field of child support, social security and pensions. These amendments would simply enable that to continue to be the case. The principle of parity in the field of social security, child support and pensions is enshrined in Section 87 of the Northern Ireland Act 1998. In effect, that means that benefits should be available throughout the UK at the same rate and be subject to the same conditions of entitlement. An example of where the power in Article 17 was used to maintain parity in this way was the Deregulation (Carer’s Allowance) Order (Northern Ireland) 2002. This order renamed the invalid care allowance and made a number of other changes to the renamed carer’s allowance in line with the changes made by the Secretary of State for Work and Pensions in the Regulatory Reform (Carer’s Allowance) Order 2002. I ask noble Lords to accept these technical amendments. I beg to move.