Conditions for making emergency regulations
Civil Contingencies Bill
4:45 pm
Mr Alistair Carmichael (Shadow Minister (Northern Ireland), Northern Ireland Affairs; Orkney and Shetland, Liberal Democrat)
These two amendments in my name and that of my hon. Friend the Member for Sheffield, Hallam would delete paragraph (b) in subsection (5) and paragraph (b) in subsection (6). The clause as a whole helpfully leaves out the circumstances in which emergency regulations may be made under clause 19. We seek to probe the provision of the extraordinary power in subsections (5)(b) and (6)(b). It is proper and unexceptional that the power should not be exercised unless the existing legislation cannot be relied on without the risk of serious delay. That strikes at the heart of urgency and emergency. Likewise, one can have no objection to the provision that the existing legislation might be insufficiently effective. However, the middle provision, that
''it is not possible without the risk of serious delay to ascertain whether the existing legislation can be relied upon''
is curious.
As I understand it—perhaps the Under-Secretary will correct me if I am wrong—it is referring to there being no time to find out. I should have thought that the number of lawyers in the Government's ranks, never mind those whom they employ, would have made that unnecessary—I shall not go so far as to say otiose. [Hon. Members: ''Go on.''] I am a moderate man and a cautious lawyer.
That strikes at the heart of the matter. I am all for giving the Government powers that are necessary, but I simply do not see any need to encourage laziness.