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Proceeding contribution from Lord Taylor of Holbeach (Conservative) in the House of Lords on Wednesday, 24 March 2010. It occurred during Debate on bill and Committee proceeding on Flood and Water Management Bill.


Flood and Water Management Bill

My Lords, I accept that Clause 29 provides Ministers with the powers necessary to make orders to reassign the flood and coastal erosion risk management responsibilities of lead local flood authorities, district councils and internal drainage boards. The level of flexibility allowed under the clause for meeting future eventualities is not something with which I have a great deal of trouble. In the event that the Minister makes such an order, it will have to be laid before Parliament in order to allow this place and another to examine whether any restructuring really needs to take place. That is one of the few instances in the Bill where such a parliamentary precaution has been observed, although the Minister has been diligently moving amendments to that effect since the pointed report of your Lordships’ Delegated Powers and Regulatory Reform Committee was published. However, the choice of drafting in the clause, specifically subsection (3), is worrying. The Minister may make an order to amend not just this Bill but any Act. There are no qualifications that the Act be dependent, linked or in any way related to this Bill. While I very much hope that this is an example of loose drafting, I would find it decidedly odd if the noble Lord was content to have the power to amend, for example, the Criminal Justice and Immigration Act or the Education and Skills Act, for example. I am sure that the noble Lord will reassure us on this point, but it would be irresponsible of me not to flag up this apparent error. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
718 c398GC 
Session
2009-10
Chamber / Committee
House of Lords Grand Committee
Subjects
Disclosure of information Conservation Construction Coastal areas Buildings Coastal erosion Housing Flood control Infrastructure Land drainage Inland waterways Environment Agency Floods Planning Railways Sustainable development Wales Urban areas Sewers Reservoirs Internal drainage boards
Legislation
Flood and Water Management Bill 2009-10
Link
View this Proceeding contribution on www.publications.parliament.uk