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Legislative and Regulatory Reform Bill

My Lords, I am happy to accept the noble Baroness's assurance on Amendment No. 3. I regard that as adequate and, although I still think that no harm would be caused by making that amendment to the Bill, I do not wish to press it any further. I am less satisfied with the noble Baroness’s response to Amendment No. 4. The position as she outlined seems to produce an unnecessarily complicated situation. If it can be argued that something in the Bill that is incompatible with the Human Rights Act is also a breach of one of the statutory preconditions, it then follows that that order can be declared void by the court, with the result that the primary legislation will continue in force in the same way as it did before the order was made and the order will be totally ineffective. If, on the other hand, it is held that something in the order is in breach of the convention rights but is not in breach of one of the preconditions, then the consequences of judicial review would be entirely different because the court could not quash the order; it would simply have to declare its incompatibility and that would then lead to a different procedure. I regard that as confusing and unnecessary. I should have much preferred my amendment to be accepted. I regret that the noble Baroness has not been able to accept Amendment No. 4. However, again, I recognise that at this late stage in the Bill it is undesirable to press what is, on any footing, a pretty technical amendment, so with some regret I shall not move Amendment No. 4. Meanwhile, I beg leave to withdraw Amendment No. 3. Amendment, by leave, withdrawn. [Amendment No. 4 not moved.] Clause 21 [Principles]: