Clause 27 - Regulations under Chapter 1: consultation
Waste and Emissions Trading Bill [Lords]
3:15 pm
Mr Norman Baker (Lewes, Liberal Democrat)
Of course I accept that is reasonable to consult only those who are affected. The amendment was probing, but the Minister has not answered two of the points that I raised: perhaps I did not express myself clearly.
The test of whether an individual or a body is affected is subjective, and I am slightly unhappy with the wording. The individual using the test to decide who to consult might get it wrong. The Minister gave a clear indication of when consultation would be ludicrous, and I accept that, but I am concerned about the grey areas—perhaps a minority of cases—where it will not be clear who should be consulted.
I suggested that the Minister may want to reflect on the proposed consultation in light of recent court judgments. I am not in favour of more consultation, for the reasons given by the Minister. However, I recognise that out in the big wide world are people who take legal action, defending their case on the basis that they were not consulted. That can slow things down, as happened with the Gatwick airport consultation. I am not arguing for more consultation; I am trying to make the system work properly. I shall happily withdraw the amendment, but those were my questions.