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Legislative and Regulatory Reform Bill 2005-06

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Legislative and Regulatory Reform Bill 2005-06 (23)

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moved Amendment No. 2: Page 6, line 20, at end insert ““; or ( ) the Scotland Act 1998 (c. 46)”” The noble Lord said: My Lords, Amendment No. 2 proposes that the Scotland Act be added to Clause 8, to join the Bill and the Human Rights Act as...

Member
Lord Goodhart (Liberal Democrat)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c408-9
House
House of Lords

My Lords, I am disappointed with the answer from the Minister. Of course, I recognise that in law this Parliament is sovereign and that the Scotland Act is a reserved matter and can be changed by this Parliament. Nor am I suggesting that it is necessary for changes to the...

Member
Lord Goodhart (Liberal Democrat)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c411
House
House of Lords

My Lords, my noble friend Lord Bassam outlined the workings of the Human Rights Act on Report, so I do not propose to reiterate that which noble Lords who have already spoken know as well as I do, if not better. I am replying now because I have been engaged...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c413-5
House
House of Lords

moved Amendment No. 3: Page 8, line 6, at end insert ““, and ( ) a statement that in his view the provisions of the order are compatible with the Convention rights (as defined in the Human Rights Act 1998 (c. 42))”” The noble Lord said: My Lords, Amendments Nos....

Member
Lord Goodhart (Liberal Democrat)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c411-3
House
House of Lords

My Lords, we support the amendments of the noble Lord, Lord Goodhart, for the reasons that he has given.

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c413
House
House of Lords

My Lords, I support Amendment No. 5. The principles of better regulation—proportionality, accountability, consistency and transparency—are well targeted in terms of broad policy development. I apologise for not being here for the Committee stage of the Bill when I might have understood this better, but as I understand it, it...

Member
Baroness Howarth of Breckland (Crossbench)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c418
House
House of Lords

My Lords, before I reply to the substance of the amendments, I should like to thank my noble friend Lady Young for writing to me between the stages of the Bill and setting out very clearly the rationale behind her amendments. I am very grateful to my noble friend for...

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c418-22
House
House of Lords

moved Amendment No. 5: Page 12, line 29, leave out ““the exercise of”” and insert ““determining any general policy or principles by reference to which the person exercises”” The noble Baroness said: My Lords, this amendment is grouped with Amendments Nos. 6 to 10. There are two issues here, and...

Member
Baroness Young of Old Scone (Non-affiliated)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c415-8
House
House of Lords

My Lords, I support the amendments. I raised similar points in Committee. For the reasons the noble Baroness has given, I was conscious of the regulators’ concern about the possibility of the challenge of litigation in pursuing particular functions—for example, when they are investigating an offence. That might cause considerable...

Member
Lord Norton of Louth (Conservative)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c418
House
House of Lords

My Lords, I thank the Minister for replying so fully to my amendments, and the noble Lord, Lord Norton of Louth and the noble Baroness, Lady Harris, for their support for elements of them. I hope that the way in which my amendments were framed did not suggest that I...

Member
Baroness Young of Old Scone (Non-affiliated)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c422-3
House
House of Lords

moved Amendment No. 11: After Clause 29, insert the following new clause- ““BURDENS FROM IMPLEMENTATION OF COMMUNITY OBLIGATIONS (1) Subordinate legislation implementing any Community obligation of the United Kingdom, or enabling such obligation to be implemented, or enabling any rights to be enjoyed by the United Kingdom under or by...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c423
House
House of Lords

My Lords, I congratulate the noble Lord, Lord Kingsland, fulsomely on a very canny amendment that would make the transposition guide an add-on. However, I shall take noble Lords through the issue and explain why we cannot accept it. As the noble Lord explained on Report, the purpose of his...

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c424-5
House
House of Lords

My Lords, I briefly add my support to the amendment moved by the noble Lord, Lord Goodhart. I will not rehearse the arguments we had on Report. My view is that we should be going even further than what is embodied in this amendment, but I take the point the...

Member
Lord Norton of Louth (Conservative)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c409
House
House of Lords

My Lords, I ought to address a point made on Report by the noble Lord, Lord Goodhart, about the Scotland Act, on which, as the noble Lord observed, I agreed to reflect. As he astutely judged, I am unlikely to promise that we shall change things, but one can always...

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c409-11
House
House of Lords

My Lords, I am happy to accept the noble Baroness's assurance on Amendment No. 3. I regard that as adequate and, although I still think that no harm would be caused by making that amendment to the Bill, I do not wish to press it any further. I am less...

Member
Lord Goodhart (Liberal Democrat)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c415
House
House of Lords

My Lords, I am extremely grateful to the Minister for his response and not surprised at what he said. He did, however, admit that the transposition guide lacked clarity and certainty. I find that rather worrying. On Report, he advanced the Cabinet Office transposition guide as the complete answer to...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c425
House
House of Lords

My Lords, before the Bill finally passes, I should like to raise one point for the record. Noble Lords who have taken an interest in this Bill will remember that when it arrived in your Lordships’ House it contained a clause relating to Law Commission Bills. Many of us disagreed...

Member
Lord Goodhart (Liberal Democrat)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c426-7
House
House of Lords

My Lords, I beg to move that this Bill do now pass. I thank the noble Lord and his Front Bench team—we had four or even five members of the Loyal Opposition performing at any given time. On reflection, while undoubtedly there was a time when the Bill generated controversy...

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c426
House
House of Lords

My Lords, I do not understand the distinction between clarity and certainty that has legal force and clarity and certainty that does not. You either have clarity and certainty or you do not. If a document is clear and certain, it seems just as likely to be binding in law...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c425-6
House
House of Lords

My Lords, I said that the transposition guidance lacked the legal clarity and certainty required of legislation. I said not that it lacked clarity and certainty but that it did not have the sort of clarity and certainty that we require of legislation. There is a difference.

Member
Lord Bassam of Brighton (Labour)
Type
Proceeding contributions
Date
2 November 2006
Reference
686 c425
House
House of Lords