Evan Harris (Science, Non-Departmental & Cross Departmental Responsibilities; Oxford West & Abingdon, Liberal Democrat)

I referred to the clause when we discussed the Government's order-making power in relation to repealing or creating exceptions. Is there not an inconsistency given that an earlier amendment to clause 63 was not simultaneously made to clause 49(3)? Clause 63 was amended to prevent the Secretary of State from repealing by order an exception under this part, but clause 49(3) still contains the power to

''repeal an exception in subsection (1) or (2)''.

Of course, they might relate to different things. Clause 63(1) says:

''The Secretary of State may by order amend this Part so as to . . . create an exception to a prohibition under section 51(1)'',

and that is clearly different from clause 49. However, clause 63(1)(b) relates to varying

''an exception to a prohibition under this Part.''

The reason why there is no provision in clause 49(3) to vary an exception may be that that is dealt with by the wider coverage of clause 63(1)(b). I raise that in case the Minister can respond now, which would save time dealing with correspondence.

Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe & Sale East, Labour)

I can add nothing to what I said earlier. I was fearful—I am not looking at the officials—when I was about to say that I would write to the hon. Gentleman, but my recollection from earlier is that I have already promised to write to him on this issue, so there will be just one letter rather than two, but I will clarify the matter.  

Question put and agreed to.

Clause 63 ordered to stand part of the Bill.

Clauses 64 to 72 ordered to stand part of the Bill.