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