Clause 63 - Minor and consequential amendments and repeals
Mental Capacity Bill
4:30 pm
Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)
I beg to move amendment No. 67, in clause 63, page 33, line 9, leave out paragraph (b).
This is the point at which some outrage might get through if we are not vigilant, although I am sure that one is not intended. I ask the Committee to pause for a second before giving Ministers powers to
''amend, repeal or revoke an enactment, other than one contained in an Act passed in a Session after the one in which this Act is passed.''
That signals, in theory, although I am sure that it was not the intention, open season for a Minister to repeal any Act ever passed. I am sure that the intention was to deal with any inadvertent or consequential changes in other legislation that may not have been picked up by the superbly vigilant parliamentary draftspersons and incorporated in the Bill—the kind of thing that has already given rise to several technical amendments. I shall be grateful if the Minister explains whether I have construed those powers correctly, explains how
he will use them, and assures us that he will not abuse them.
Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
I assure the hon. Gentleman—a friend at this point in the Committee's proceedings—that the Government are not unaware of the wider issues surrounding delegated powers in legislation. However, provisions of the type in question are not unusual in Bills that reform existing statutory schemes and which therefore require and entail a large number of transitional provisions and consequential amendments. I know that he will appreciate that such clauses are necessary for any supplementary incidental or consequential provision, and that the Lord Chancellor would need to consider such an order to be necessary or expedient to the purposes of and in consequence of, or to give full effect to, any provision of the Bill once it becomes an Act. Of course, amendments to primary legislation should be subject to the affirmative procedure; that is clearly provided for in clause 63(6). I hope that the hon. Gentleman is reassured.
Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 63 ordered to stand part of the Bill.