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Banking Bill

My Lords, I speak to Amendments 20 and 21 standing in my name and those of the noble and learned Lord, Lord Morris of Aberavon, my noble friend Lord Norton and the noble Lord, Lord Pannick. During our consideration of Clause 75 on Report, the Minister undertook to conduct discussions on issues arising from the clause. I am most grateful to him for his characteristic courtesy in arranging those discussions on a timely and inclusive basis. Retrospectivity and the role of the Executive in exercising statutory powers go to the heart of constitutional government. The use of the word ““desirable”” in addition to ““necessary””, while not unknown in law, is not easy, if indeed possible, to find in legislation with retrospective effect. I shall not reiterate at length the arguments that were rehearsed on Report. Your Lordships’ Select Committee on the Constitution reported to the House on the matter, and I wrote to the Minister and asked for the Government’s view on whether the broad wording of Clause 75(3) could be limited in terms of retrospective powers, and whether they could give illustrations of circumstances in which the powers might be exercised. Noble Lords will await the Minister's substantive further explanation of why the Government should take powers to repeal, disapply or otherwise amend Acts of Parliament, delegated legislation or the common law, and how such action, if exercised, should be subject to parliamentary control, and the circumstances in which such potential actions are envisaged by the Government.