Clause 57 - Regulations about ballots
Local Government Bill
3:00 pm
Mr Geoffrey Clifton-Brown (Cotswold, Conservative)
I want to probe the regulations. Subsection (1) gives the Secretary of State almost unlimited power to make regulations as he wants, but that is fettered a little by a list in paragraphs (a) to (h) in subsection (2). However, subsection (3) shows that this is a catch-all clause:
''Nothing in subsection (2) is to be taken as limiting the power conferred by subsection (1).''
What is the point of subsection (2) if the Secretary of State can do what he likes anyway? It is fairly outrageous that the power of primary legislation is fettered in that way. If we prescribe the power that he can use and make a list, why override it as subsection (3) does? I should be grateful if the Minister would comment on that. There is too much of that undemocratic drafting.
As I have said, I dislike regulations. Where possible, as much as possible should be put in primary legislation. Presumably that is why subsection (2) contains a list. What is the point in producing a list if
the Secretary of State can immediately override it with the powers that he has given himself?