Clause 3 - Exempt hunting
Hunting Bill
2:45 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
Happily, I am able to agree with the line of argument. I hope that I can satisfy hon. Members immediately. If they look at the wording of subsection 2, they will see that it states explicitly:
''The Secretary of State may by order amend Schedule 1 so as to vary a class of exempt hunting.''
If hon. Members turn to clause 48(2), they will see that it is very clear and states:
''An order of the Secretary of State under this Act may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.''
The provisions make it explicit that the affirmative resolution procedure has to be used in relation to this clause.
The purpose of the power is to deal with the unforeseen situation in which the detail of an existing exemption is wrong. For example, an exemption may have been drafted in such a way that does not reflect what happens in practice, or experience may show that a way has been found to circumvent the intention of the exemption and the restriction a particular activity. If there is a need for change in the light of experience, Ministers can use the power by speedily laying an order before the House. The alternative would be primary legislation, which can be extremely time-consuming, even if it is obvious, simple and supported on both sides of the House.
Safeguards are built into the procedure, and they are precisely those that were requested by my hon. Friend the Member for Alyn and Deeside (Mark Tami) and the hon. and learned Member for Harborough. The removal of exemptions and the introduction new exemptions are not permitted. The power is limited to variations on existing exemptions. An order to make a variation will be subject to the affirmative procedure, which requires the order to be approved by resolution of both Houses of Parliament.
In the light of that, I hope that the hon. and learned Member for Harborough will be happy to withdraw his amendment.