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Health and Social Care Bill

moved Amendment No. 163: 163: Clause 123, page 68, line 46, leave out from ““unless”” to ““the”” in line 1 on page 69 The noble Baroness said: Amendments Nos. 163 to 165 address the proportionality of health protection regulations. The Minister has already mentioned proportionality. As drafted, the Bill provides that any restrictions or requirements provided for by these regulations may be imposed only where the ““appropriate Minister”” considers that it is proportionate, "““to what is sought to be achieved by imposing it””." Similarly, where the regulations enable the imposition of restrictions or requirements, the decision-maker must consider that the imposition is, "““proportionate to what is sought to be achieved by imposing it””." The JCHR amendments would conclusively remove any subjective element from these provisions and require any restriction or requirements to be proportionate not only to the immediate aim of the policymaker imposing it but also to the risk to public health that it intends to meet. In my view, our amendments are a considerable improvement on the text which, when one reads it, seems to go round a little. I shall do what I think it is proportionate to do and I look forward to the Minister’s response. I am sure she will agree that our amendments are indeed a great improvement. I beg to move.