Clause 58 - Power to make further provision
Local Government Bill
3:00 pm
Mr Geoffrey Clifton-Brown (Cotswold, Conservative)
Clause 58(2) states:
''The provision which may be made under subsection (1)—''
again, that is the Secretary of State making regulations—
''includes provision—''
these are the important words—
''amending any enactment (whenever passed or made).''
It is outrageous that the Secretary of State should take power to himself to fetter any future enactments made by Parliament. He is trying to circumvent the whole British constitutional law that one Parliament cannot bind its successor.
The clause should be struck out. I think that it is the parliamentary draftsmen having a poke at the democratically elected Parliament. They thought that we would not notice. I hope that their lordships will strike out the clause. I did not table an amendment, because I knew that the Government would use their overbearing majority to vote it down, but having placed that on the record, I hope that their lordships will take note and strike out the clause.