Clause 27 - Regulations under Chapter 1: consultation
Waste and Emissions Trading Bill [Lords]
3:15 pm
Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West and Royton, Labour)
As the hon. Gentleman has said the magic words, I am sure that the Whip will not want me to speak for long.
I thought that I had answered the point. As in any consultation, an assessment has to be made of who are the relevant interests. Whoever is arranging a consultation has to exercise judgment, and we cannot regulate that through legislation. Ministers or officials may occasionally get it wrong, and people may sometimes be left out. The Gatwick case was rather significant; it went to the High Court, and the judge ruled against the Government. However, it was an unusual and rather special case.
Officials who consult about regulations—it is nearly always officials who conduct such consultation—go over the top, and send papers to everyone who might conceivably have an interest. I often ask for lists of consultees, and I am amazed that many of them
include 50 or 60 organisations, rather than the expected 20. If anything, Governments err on the side of excess, rather than the reverse.
I do not see how one can take account of a subjective test in drawing up legislation or make a general rule in legislation to avoid possible subjectivity at the margins. I take the hon. Gentleman's point and understand his arguments, but he is unduly concerned. I hope that I have given him some reassurance.