---

Planning Bill

My Lords, once again, when we debated this in Committee we were unfortunate that it came at a compressed time of the day. I am pleased that we have had the opportunity for a wider debate, and particularly that the noble Lord, Lord Goodhart has been able to join it. We were much influenced in all manner of ways by what his committee had to say when we first presented the Bill. I hope that he feels that we have been able to take account of most of the major recommendations. Before I turn to the amendment of the noble Lord, Lord Jenkin, I first speak to my Amendments Nos. 154B and 154C. Noble Lord will recall that government Amendment No. 149A, which we discussed in an earlier grouping, makes provision for the procedures to be used in relation to the two order-making powers in Part 11: the power in Clause 210(10) which relates to the caps on penalties for criminal offences in Clause 210(9); and the power in new Clause 217(2) which relates to the repeal of the Planning-gain Supplement (Preparations) Act 2007 which government Amendment No. 153A introduces. Given that Amendment No. 149A makes this provision about the procedures to be followed for these order-making powers, Amendments Nos. 154B and 154C disapply the relevant provisions of Clause 224 which make general provision about the procedures for the making of orders under the Bill. On the substance of the group and Amendments Nos. 130 and 149 of the noble Lord, Lord Jenkin, I tried to set out in Committee why I felt that the regulation-making procedure in Part 11 should remain with the other place, as Clause 214(2) provides. We all agree that delegated legislation involving financial matters is, by a well established convention, something over which the other House has a privilege. The noble Lord, Lord Goodhart, did us a service by reading Erskine May, because there is no doubt that this is a pretty treacherous, and not just foggy, piece of procedure. It is complicated. I know that the noble Lord—