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Legislative and Regulatory Reform Bill

moved Amendment No. 11: After Clause 29, insert the following new clause- ““BURDENS FROM IMPLEMENTATION OF COMMUNITY OBLIGATIONS (1) Subordinate legislation implementing any Community obligation of the United Kingdom, or enabling such obligation to be implemented, or enabling any rights to be enjoyed by the United Kingdom under or by virtue of the treaties may not impose or increase any burden on any person which does not conform with the Cabinet Office Transposition Guide. (2) In this section- ““burden”” has the same meaning as in section 1(3); ““subordinate legislation”” has the same meaning as in section 27(9)(b); ““the treaties”” has the same meaning as in section 1(2) of the European Communities Act 1972 (c. 68) (short title and interpretation).”” The noble Lord said: My Lords, the amendment sought on Report required the Government, when implementing a directive, not to include any provision that increased burdens on individuals and businesses in the United Kingdom that went beyond the burdens in the directive itself. The Government, for reasons which I partially understand, were unwilling to accept the amendment. Differences in the legal systems of the member states do, of course, require different forms of implementation, and sometimes those implementing measures, in effect, increase burdens as defined in the Bill, without intending in any way to impose discriminatory obligations on members’ citizens. The Minister explained in some detail to your Lordships the role that the Cabinet Office transposition guide plays, in decisions taken in government services, on whether to introduce additional burdens in implementing legislation. It seemed to us, from the way in which the Minister described the criteria laid down in the transposition guide, that this was, on the whole, fairly good guidance for administrators and the Government. I am therefore seeking at Third Reading to transpose into an amendment what the Minister said on Report. I beg to move.