Committee of the Whole House (HL) and Debate on bill on Wednesday, 19 July 2006, in the House of Lords.
Legislative and Regulatory Reform Bill
Legislative and Regulatory Reform Bill. Lords Committee stage third day. Clauses 4-21 agreed to, clauses 4,5,10,11,14,15,17,18,19 as amended. Clause 22 negatived. Clauses 23-37 agreed to, clauses 32 and 34 as amended. New clauses considered. Schedule and Title agreed to as amended. Bill reported with amendments (HL Bill 146 2005-06).
Secondary information
- Type
- Parliamentary proceeding
- Reference
- 684 c1331-404
- Session
- 2005-06
- Department
- Cabinet Office
- Legislative stage
- Committee stage
- Procedure
- New clauses
- Chamber / Committee
- House of Lords chamber
- Related items
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Legislative and Regulatory Reform Bill. Brought from the Commons.
Wednesday, 17 May 2006
Bills
House of Lords
- Proceeding contributions
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Lord Goodhart | 684 c1366-7 (Link to this contribution) moved Amendment No. 79: Page 6, line 34, at end insert- ““( ) An order under this Part which creat...
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Lord Bassam of Brighton | 684 c1366 (Link to this contribution) moved AmendmentNo. 78: Page 6, line 15, leave out ““, 2(5) or 3(5)”” and insert ““or 2(5)”” On Qu...
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Lord McKenzie of Luton | 684 c1365-6 (Link to this contribution) I understand that this is a probing amendment and I hope that I can satisfy noble Lords why the prov...
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Lord Jenkin of Roding | 684 c1366 (Link to this contribution) I am grateful to the noble Lord. I shall want to study carefully what he has said but he has gone a ...
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Lord Jenkin of Roding | 684 c1364-5 (Link to this contribution) moved Amendment No. 76: Page 6, line 11, leave out from ““not”” to end. The noble Lord said: This...
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Lord Norton of Louth | 684 c1365 (Link to this contribution) I support my noble friend as I have added my name to the amendment. It raises important questions ab...
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Lord Henley | 684 c1364 (Link to this contribution) I thank the Minister for that response, but it was not satisfactory. In the end it comes down to his...
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Lord Geddes | 684 c1364 (Link to this contribution) I must advise the Committee that if Amendment No. 76 is agreed to, I cannot call Amendment No. 77 du...
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Lord Henley | 684 c1361-3 (Link to this contribution) moved Amendment No. 74A: Page 5, line 40, at end insert- ““( ) enable the requisition, confiscatio...
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Lord Bassam of Brighton | 684 c1363-4 (Link to this contribution) Amendment No. 74B seeks to restrict the power of an order to make provision authorising forcible ent...
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Lord Henley | 684 c1370-1 (Link to this contribution) I have never been reassured when I have seen the names of some Ministers attached to some Bills, cer...
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Lord McKenzie of Luton | 684 c1371-2 (Link to this contribution) I thank the noble Lords, Lord Norton of Louth and Lord Goodhart, for their amendments and for raisin...
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Lord Goodhart | 684 c1372 (Link to this contribution) Is that correct? Surely, the Human Rights Act provides that secondary legislation amending primary l...
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Lord Bassam of Brighton | 684 c1367-8 (Link to this contribution) Amendment No. 79 was originally part of a larger group of amendments, and I shall reflect that by pr...
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Lord Goodhart | 684 c1368-9 (Link to this contribution) I am grateful to the Minister for his answer. I remain unconvinced by it, because under the 2001 Act...
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Lord Norton of Louth | 684 c1369-70 (Link to this contribution) moved Amendment No. 84: Page 7, line 45, at end insert ““, and ( ) a statement whether in the opin...
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Lord McKenzie of Luton | 684 c1345 (Link to this contribution) Does the noble Earl accept that under the Bill, it is not just the whim of a Minister that would car...
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Baroness Wilcox | 684 c1344 (Link to this contribution) The present chairman of the Office of Rail Regulation wrote to the Chancellor of the Duchy of Lancas...
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Lord McKenzie of Luton | 684 c1344 (Link to this contribution) Can the noble Baroness tell me specifically what it is that she thinks is sinister lurking behind th...
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Earl of Onslow | 684 c1344-5 (Link to this contribution) Perhaps I may help my noble friend. It is very simple. We do not trust Ministers. If you are me, you...
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Lord McKenzie of Luton | 684 c1344 (Link to this contribution) Can the noble Baroness identify any circumstances under the operation of the 2001 Act that have give...
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Lord Norton of Louth | 684 c1342 (Link to this contribution) What would the effect on confidence be while all this was going on?
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Lord McKenzie of Luton | 684 c1342 (Link to this contribution) We are dealing with the amendments that are before us and not with amendments to those amendments. I...
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Baroness Wilcox | 684 c1344 (Link to this contribution) I fear that I find the Minister's answer unsatisfactory. I shall read it carefully. I tabled my amen...
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Lord Lloyd of Berwick | 684 c1342 (Link to this contribution) I am very grateful to the noble Lord. The point that he made earlier was that this amendment would p...
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Lord Jenkin of Roding | 684 c1349-50 (Link to this contribution) Amendment No. 75, in my name and that of my noble friend Lady Carnegy of Lour, adopts the list appro...
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Lord Norton of Louth | 684 c1347-9 (Link to this contribution) My Amendment No. 64 is included in the group, as the noble Lord, Lord Goodhart, has already said. My...
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Lord Goodhart | 684 c1345-7 (Link to this contribution) moved Amendment No. 51: Page 4, line 16, at end insert- ““( ) the provision has no adverse effect ...
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Lord Bassam of Brighton | 684 c1345 (Link to this contribution) moved AmendmentNo. 48: Page 4, line 4, leave out ““, 2(1) or 3(1)”” and insert ““or 2(1), other th...
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Baroness Wilcox | 684 c1345 (Link to this contribution) I am sure that if the people who have spoken from this side—and the noble and learned Lord from the ...
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Lord Goodhart | 684 c1345 (Link to this contribution) I hope that the noble Baroness does not see me as an incarnation of the famous Lord Chief Justice.
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Baroness Wilcox | 684 c1345 (Link to this contribution) I am so sorry, I apologise. I was getting upset and excited.
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Baroness Wilcox | 684 c1345 (Link to this contribution) I thank my noble friend Lord Norton of Louth for tabling his amendment, which is stronger than mine....
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Lord Bassam of Brighton | 684 c1358 (Link to this contribution) moved AmendmentNo. 58: Page 4, line 22, leave out ““, 2(1) or 3(1)”” and insert ““or 2(1)”” On Qu...
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Lord Bassam of Brighton | 684 c1357-8 (Link to this contribution) moved AmendmentNo. 54: Page 4, line 17, leave out subsection (3). The noble Lord said: This amend...
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Lord Bassam of Brighton | 684 c1358 (Link to this contribution) moved AmendmentNo. 59: Page 4, line 23, leave out from ““enactment”” to end of line 24. On Questi...
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Lord Henley | 684 c1351-2 (Link to this contribution) I suspect that all noble Lords who have spoken so far—I do not know whether this will necessarily ap...
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Lord Jenkin of Roding | 684 c1354 (Link to this contribution) I do not think this point was made, but it is perfectly obvious. If a Bill is going through Parliame...
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Lord Bassam of Brighton | 684 c1352-4 (Link to this contribution) This has been an interesting debate on an issue which, I recognise, has caused some concern in the p...
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Lord Norton of Louth | 684 c1354 (Link to this contribution) The Minister seems to be arguing against the principle of having a list. In that case, do the Govern...
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Lord Bassam of Brighton | 684 c1354 (Link to this contribution) Who would decide which was appropriate to be included in the list and how would that decision be fai...
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Lord Goodhart | 684 c1357 (Link to this contribution) We have had a substantial debate on this issue. It is clearly important. I have to say that I am una...
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Lord Bassam of Brighton | 684 c1355-7 (Link to this contribution) I shall come to Clause 9 in due course; it raises a fair point. I have set out the committee’s impo...
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Lord McKenzie of Luton | 684 c1361 (Link to this contribution) I apologise to the noble Lord if that letter has not yet arrived. Together with my noble friend Lord...
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Lord Jenkin of Roding | 684 c1361 (Link to this contribution) The Minister mentioned the question of merger of regulators, in the context of the amendment. I remi...
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Lord Bassam of Brighton | 684 c1359 (Link to this contribution) moved AmendmentNo. 68: Page 4, line 40, leave out ““Subsection (1) does”” and insert ““Subsections...
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Lord Bassam of Brighton | 684 c1358 (Link to this contribution) moved AmendmentNo. 66: Page 4, line 36, leave out from ““is”” to ““; or”” in line 37 and insert ““...
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Lord Bassam of Brighton | 684 c1358 (Link to this contribution) moved AmendmentNo. 65: Page 4, line 29, at end insert- ““(A1) An order under this Part may only co...
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Lord McKenzie of Luton | 684 c1360-1 (Link to this contribution) I hope that I can help on the points that have been raised. I understand the thrust of the amendment...
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Lord Henley | 684 c1359-60 (Link to this contribution) I appreciate that the noble Lord’s amendment is a probing one. Although I would normally tend to fav...
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Lord Goodhart | 684 c1359 (Link to this contribution) moved Amendment No. 70: Page 5, line 2, leave out ““or increase”” and insert ““, remove or alter””...
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Lord Bassam of Brighton | 684 c1359 (Link to this contribution) moved AmendmentNo. 69: Page 4, line 40, at end insert- ““(5) For the purposes of this section a ““...
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Lord Goodhart | 684 c1361 (Link to this contribution) I thank the Minister, who seems to accept the principle behind the amendment and wants to make an ex...
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Lord Bassam of Brighton | 684 c1331 (Link to this contribution) My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill. Mov...
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Lord Lloyd of Berwick | 684 c1334-5 (Link to this contribution) I support both these amendments. The economic regulators clearly fulfil a very important role in our...
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Lord Borrie | 684 c1335-6 (Link to this contribution) I share the view of the noble and learned Lord, Lord Lloyd of Berwick, that, of the two amendments, ...
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Baroness Wilcox | 684 c1331-3 (Link to this contribution) moved Amendment No. 47A: "Before Clause 4, insert the following new clause-""““EXEMPTION OF ECONOMIC...
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Lord Norton of Louth | 684 c1333-4 (Link to this contribution) I wish to speak to Amendment No. 47B in the same group. When I chaired the Constitution Committee of...
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Earl of Onslow | 684 c1337-8 (Link to this contribution) I can help the noble Lord on that issue. On the first day in Committee, we got an admission from the...
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Lord Selsdon | 684 c1338 (Link to this contribution) I had not intended to intervene, but I wish to raise the subject of investor confidence. These days,...
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Lord Jenkin of Roding | 684 c1336-7 (Link to this contribution) My words shall follow closely and appropriately from what the noble Lord, Lord Borrie, has said. He ...
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Lord Desai | 684 c1337 (Link to this contribution) Subsection (1) of the new clause to be inserted by Amendment No. 47B states: "““An order under this ...
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Lord Goodhart | 684 c1338-9 (Link to this contribution) We on these Benches have not yet committed ourselves to support these amendments. However, I found t...
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Lord McKenzie of Luton | 684 c1339-42 (Link to this contribution) In responding to Amendment No. 47A, I shall speak also to Amendment No. 47B, although I recognise th...
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Lord Bassam of Brighton | 684 c1383-4 (Link to this contribution) moved AmendmentNo. 95: Page 9, line 41, leave out subsection (5). On Question, amendment agreed t...
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Lord Bassam of Brighton | 684 c1383 (Link to this contribution) moved AmendmentNo. 94: Page 9, line 39, leave out from ““that”” to ““the”” in line 40 and insert “...
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Lord Bassam of Brighton | 684 c1384 (Link to this contribution) moved AmendmentNo. 106: Page 11, line 31, leave out subsection (6). On Question, amendment agreed...
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Lord Bassam of Brighton | 684 c1384 (Link to this contribution) moved AmendmentNo. 101: Page 10, line 31, leave out subsection (4). On Question, amendment agreed...
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Lord Borrie | 684 c1379 (Link to this contribution) The noble Lord, Lord Norton of Louth, is of course right in saying that Parliament must determine wh...
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Lord Norton of Louth | 684 c1383 (Link to this contribution) I have listened with considerable interest to the debate, which has covered a wide range of amendmen...
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Lord Bassam of Brighton | 684 c1379-83 (Link to this contribution) This is an important group of amendments which, as the noble Lord, Lord Henley, said, range far and ...
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Lord Goodhart | 684 c1376 (Link to this contribution) A large number of amendments in this large group are in the names of myself and my noble friend Lord...
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Lord Bassam of Brighton | 684 c1374 (Link to this contribution) moved AmendmentNo. 90: Page 8, line 39, at end insert- ““( ) In subsection (2)(e) ““function of le...
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Lord Norton of Louth | 684 c1374-5 (Link to this contribution) moved Amendment No. 91: Page 8, line 41, leave out subsections (1) to (6) and insert- ““( ) Once a...
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Lord Bassam of Brighton | 684 c1374 (Link to this contribution) moved AmendmentNo. 88: Page 8, line 18, leave out subsection (3). On Question, amendment agreed t...
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Lord Geddes | 684 c1374 (Link to this contribution) I must advise the Committee that Amendment No. 88, while in the prime name of the noble and learned ...
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Lord Bassam of Brighton | 684 c1374 (Link to this contribution) moved Amendments Nos. 86 and 87: Page 8, line 12, leave out ““powers to legislate”” and insert ““f...
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Lord Howard of Rising | 684 c1374 (Link to this contribution) I thank the Minister for that answer. If the Government expect to include a full explanation, I cann...
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Lord Howard of Rising | 684 c1372-3 (Link to this contribution) moved AmendmentNo. 85A: Page 8, line 10, at end insert ““or increase or impose any burden or burde...
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Lord Norton of Louth | 684 c1372 (Link to this contribution) I am not particularly persuaded by the Minister for two reasons. The noble Lord, Lord Goodhart, refe...
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Lord McKenzie of Luton | 684 c1372 (Link to this contribution) The advice is that, whatever the nature of the secondary legislation, Ministers have to comply and t...
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Lord Bassam of Brighton | 684 c1401 (Link to this contribution) moved AmendmentNo. 114A: Page 20, line 29, leave out subsections (2) and (3) and insert- ““(2) The...
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Lord Bassam of Brighton | 684 c1401 (Link to this contribution) moved Amendments Nos. 114B to 114D: Page 20, line 36, leave out ““Nothing in this Act affects”” an...
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Lord Bassam of Brighton | 684 c1401-2 (Link to this contribution) moved AmendmentNo. 116: Page 21, leave out lines 25 to 40 and insert- ““(2) In this Act ““regulato...
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Lord Bassam of Brighton | 684 c1402-3 (Link to this contribution) moved AmendmentNo. 117: Page 23, line 31, at end insert- The noble Lord said: Amendment No. 117 i...
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Lord Bassam of Brighton | 684 c1403-4 (Link to this contribution) moved AmendmentNo. 118: Line 2, leave out from ““legislation”” to ““; to”” in line 4 and insert ““...
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Lord McKenzie of Luton | 684 c1400 (Link to this contribution) I revert to one point: if we proceed down this path, would we not have to update the instrument each...
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Lord Jenkin of Roding | 684 c1400 (Link to this contribution) So what! Sorry, I am interrupting the noble Lord from a sedentary position, but at this time of nigh...
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Lord McKenzie of Luton | 684 c1400 (Link to this contribution) In view of the hour, perhaps I can revert to a point that I made earlier. We have some concern about...
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Viscount Colville of Culross | 684 c1400-1 (Link to this contribution) I am extremely grateful to the noble Lords, Lord Jenkin and Lord Desai, for adding their voices to t...
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Lord Bassam of Brighton | 684 c1387-9 (Link to this contribution) I am sure that noble Lords will not be at all surprised to hear that I am not a fan of this amendmen...
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Baroness Wilcox | 684 c1389 (Link to this contribution) Obviously I am bitterly disappointed at the Minister’s reaction. I am happy to have been supported b...
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Lord Norton of Louth | 684 c1389 (Link to this contribution) moved AmendmentNo. 112A: Page 13, line 17, leave out paragraph (a). The noble Lord said: This ame...
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Lord Bassam of Brighton | 684 c1390 (Link to this contribution) I shall respond to the amendments as well as the issue of Clauses 24 to 26 standing part.
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Lord Bassam of Brighton | 684 c1385-6 (Link to this contribution) Before I turn to the detail of Amendment No. 111A, I think it right to deal again with the issue of ...
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Lord Goodhart | 684 c1386 (Link to this contribution) I shall of course withdraw the amendment today, but I have every intention of bringing it back. The ...
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Baroness Wilcox | 684 c1387 (Link to this contribution) moved Amendment No. 112: After Clause 22, insert the following new clause- ““LIMITATION OF ORDER-M...
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Lord Norton of Louth | 684 c1387 (Link to this contribution) I support my noble friend. The amendment is extremely important, as there is a clear and compelling ...
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Lord Goodhart | 684 c1384-5 (Link to this contribution) moved Amendment No. 111A: After Clause 21, insert the following new clause- ““APPLICATION OF HUMAN...
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Lord Desai | 684 c1399-400 (Link to this contribution) I was in the Merits of Statutory Instruments Committee with the noble Viscount. It was only his assi...
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Lord McKenzie of Luton | 684 c1398-9 (Link to this contribution) I thank the noble Viscount for moving this amendment and for taking us through some detailed example...
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Lord Jenkin of Roding | 684 c1399 (Link to this contribution) I had not intended to take part in the debate but I was overwhelmed by the noble Viscount’s argument...
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Viscount Colville of Culross | 684 c1394-7 (Link to this contribution) moved Amendment No. 114: After Clause 31, insert the following new clause- ““PROVISIONS AS TO SUBO...
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Lord Henley | 684 c1397-8 (Link to this contribution) In offering support from these Benches to the amendment of the noble Viscount, Lord Colville, I firs...
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Lord Norton of Louth | 684 c1394 (Link to this contribution) The Minister probably made a Freudian slip when he said that he ““insisted”” that the amendments sho...
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Lord Bassam of Brighton | 684 c1390 (Link to this contribution) I understand that Amendments Nos. 112A, 112B, 113 and 113A are grouped with the Questions that Claus...
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Baroness Wilcox | 684 c1390-1 (Link to this contribution) First, I wish to speak to Amendments Nos. 112B, 113 and 113A, which were not spoken to by the noble ...
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Baroness Wilcox | 684 c1390 (Link to this contribution) They are not grouped together.
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Lord McKenzie of Luton | 684 c1342-4 (Link to this contribution) The situation would be the same as it is under the 2001 Act. I will come on to the independence of r...
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Lord Borrie | 684 c1350-1 (Link to this contribution) Of the various choices helpfully put forward by the noble Lord, Lord Goodhart, I favour Amendment No...
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Lord Bassam of Brighton | 684 c1358 (Link to this contribution) moved AmendmentNo. 61: Page 4, line 28, at end insert- ““( ) In this section and sections 5 to 8, ...
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Lord Henley | 684 c1376-8 (Link to this contribution) This is a rather complicated group, headed by my noble friend Lord Norton’s Amendment No. 91, with a...
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Lord Bassam of Brighton | 684 c1391-3 (Link to this contribution) I will work through the grouped amendments and the stand part clauses. I am not entirely sure what t...
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Lord Bassam of Brighton | 684 c1366 (Link to this contribution) moved AmendmentNo. 77: Page 6, line 11, leave out ““, 2(5) or 3(5)”” and insert ““or 2(5)”” On Qu...
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Lord Goodhart | 684 c1370 (Link to this contribution) It is absolutely right that a compatibility test should be required here in the same way as is the c...
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Lord Bassam of Brighton | 684 c1384 (Link to this contribution) moved AmendmentNo. 109: Page 12, line 12, leave out subsection (11). On Question, amendment agree...
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Lord Bassam of Brighton | 684 c1373 (Link to this contribution) The power to remove or reduce burdens resulting from legislation is provided in Clause 1. As well as...
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Lord Bassam of Brighton | 684 c1384 (Link to this contribution) moved AmendmentNo. 110A: Page 12, line 24, at end insert- ““(12A) Subsections (4) to (6) of sectio...
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Lord Bassam of Brighton | 684 c1369 (Link to this contribution) moved Amendments Nos. 80 to 83: Page 7, line 10, leave out paragraph (d) and insert- ““(d) in such...
- Subjects
- Devolved matters Accountability Delegated legislation Committees Constitutional and administrative law Human rights Judiciary Exemptions Government departments Functions Legislation Powers of entry Parliamentary procedure Parliamentary scrutiny Regulation Utilities Voting rights Taxation Speaker Statutory instruments
- Legislation
- Legislative and Regulatory Reform Bill 2005-06
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