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Ministerial powers

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Ministerial powers (40)

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Lords committee stage third day. Clauses 50 to 71 agreed to. Schedules 10, 11 and 12 agreed to. Bill reported with amendments.

Lead member
Lord Callanan; Baroness Sugg
Department
Department for Transport
Type
Committee of the Whole House (HL); Debates on bills
Date
23 October 2017
Reference
785 cc771-794
House
House of Lords

Moved by

Lord McNally

40: Clause 66, page 42, line 1, leave out “enactment” and insert “secondary legislation”

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c771
House
House of Lords

My Lords, I will in due course also speak to Amendments 41 and 42 in this group.

We have heard a lot recently about Parliament taking back control, yet no Government have done more in recent times to weaken parliamentary scrutiny and strengthen the power of the Executive than this one....

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 cc771-2
House
House of Lords

My Lords, I will say few words in support of the general propositions that my noble friend Lord McNally has referred to. I have come to the sad conclusion that the Government do not believe in parliamentary democracy but in executive government, and that they use every means they can...

Member
Lord Lester of Herne Hill (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c772
House
House of Lords

My Lords, I too support what the noble Lord, Lord McNally, has said. The whole of this part of the Bill—Clauses 66 and 67—raises the same basic point. I will address what I have to say in relation to these amendments and come back, if I may, on Clause 67.

I...

Member
Lord Judge (Crossbench)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c773
House
House of Lords

My Lords, I declare my interest as a member of the Delegated Powers and Regulatory Reform Committee and say that I am speaking personally in this debate and not on behalf of that committee. I support what the noble Lord, Lord McNally, is seeking to achieve in these amendments and...

Member
Lord Moynihan (Conservative)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 cc774-5
House
House of Lords

We have Amendment 42 in this group, but I will also speak to Amendments 40 and 41 since that will save me having to go through the points all over again when we come to my Amendment 45.

As has been said, the Bill gives extensive delegated powers to the Secretary...

Member
Lord Rosser (Labour)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 cc775-7
House
House of Lords

My Lords, I thank all those who have contributed to the debate so far. I have carefully noted all views.

I know there is considerable concern about the granting of Henry VIII powers—I would be worried if noble Lords did not express such concerns—because of the wide scope of such powers...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 cc776-9
House
House of Lords

Certainly, the two amendments over which I have control, Amendments 40 and 41, will not be pressed. The best compliment that Jim Callaghan ever paid me when he was Prime Minister and I was political adviser was, “You’re my mine detector”, by which he meant that I supposedly had the...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c779
House
House of Lords

Moved by

Baroness Randerson

43: Clause 66, page 42, line 9, at end insert—

“( ) Regulations under this section may not—

(a) amend or repeal an Act of the Scottish Parliament without the agreement of the Scottish Parliament;

(b) amend or repeal an Act or Measure of the National Assembly for Wales without the...

Member
Baroness Randerson (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c779
House
House of Lords

My Lords, I am sure noble Lords will have noted that this amendment has support from the Labour Benches. That is significant. We are still on Clause 66—not the most popular clause in the Bill. As the Bill stands, the Secretary of State could make “minor and consequential amendments”—that phrase...

Member
Baroness Randerson (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c780
House
House of Lords

My Lords, I will speak very briefly in support of what my noble friend has just said. As a former Presiding Officer of the Scottish Parliament, I must admit that I know nothing about this particular Bill—but the principle she had enunciated is very important. Indeed, it seems to me...

Member
Lord Steel of Aikwood (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c780
House
House of Lords

My Lords, my name and that of my noble friend Lord Tunnicliffe are attached to the amendment moved by the noble Baroness, Lady Randerson. The points have already been made in support of the amendment and reference made to the views expressed by the Constitution Committee in its report. One...

Member
Lord Rosser (Labour)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c781
House
House of Lords

My Lords, I apologise to the Committee that when I spoke a few minutes ago I did not indicate that I was a member of the Constitution Committee. I indicate it now. I do not want to repeat everything that the Constitution Committee said—but, with respect, although I do not...

Member
Lord Judge (Crossbench)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c781
House
House of Lords

My Lords, I support the noble Baroness and the noble Lord, Lord Steel, in relation to this amendment, looking particularly at the devolution settlement which was the subject of the Scotland Act 1998. I think it is also relevant to mention Section 2 of the Scotland Act 2016, which put...

Member
Lord Hope of Craighead (Crossbench)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 cc781-2
House
House of Lords

My Lords, without repeating the arguments that I made when the noble Baroness, Lady Randerson, introduced a not dissimilar amendment to the Bill, the one vital example that has been touched upon is that in Scotland planning applications are appealed to the Scottish Government. Decisions may have been made by...

Member
Lord Moynihan (Conservative)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c782
House
House of Lords

My Lords, Amendment 43 raises the important matter of consulting the devolved Administrations of Scotland, Wales and Northern Ireland during the development of the Bill. As the noble Baroness, Lady Randerson, mentioned, we discussed this last week in Committee. As my noble friend Lord Callanan said, the devolved Administrations have...

Member
Baroness Sugg (Conservative)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 cc782-3
House
House of Lords

I thank the Minister for her comments. I am grateful for the support across the House for this amendment. We have two forces at work in this clause. One is the Government’s tendency to seize as much power for themselves as possible—that is not unusual in Governments—but it is fatally...

Member
Baroness Randerson (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 cc783-4
House
House of Lords

Moved by

Lord Fox

44: Clause 67, page 42, line 16, leave out subsection (1)

Member
Lord Fox (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 c784
House
House of Lords

My Lords, there appears to be a theme developing in this afternoon’s debate. In moving Amendment 44, I will also speak to Amendments 46, 47, 48, 49, 50 and 51. Again, we are on the subject of catch-all powers. Despite our having about 45 minutes left, I will keep this...

Member
Lord Fox (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2017
Reference
785 cc784-5
House
House of Lords