TSE (England) Regulations 2002
The Countess of Mar (Crossbench)
My Lords, I am grateful to all noble Lords who have supported me. I am very concerned that noble Lords should understand exactly what is happening tonight. Either a regulation is annulled by a prayer to Her Majesty or the regulation stays as it is. The noble Lord, Lord Livsey, spoke most eloquently and almost entirely supported my case. But his amendment will do no good at all. Similarly, the Minister's amendment will do no good because there is no obligation on the Government to take any notice of an amendment to a statutory instrument agreed by the negative procedure.
We have one option only. Either we pray against the statutory instrument or we leave it as it is. A great deal has been said tonight and I do not wish to detain noble Lords any longer. I have made my points. I am extremely concerned about the constitutional position of this instrument and others that are being laid. We are told that they all follow the same pattern and that it has all been done before. That is not right. It is not democratic and it is not a parliamentary practice that should be allowed to continue. I leave it at that.