Lynne Featherstone (Shadow Minister, Home Affairs; Hornsey & Wood Green, Liberal Democrat)

I beg to move amendment No. 130, in clause 11, page 9, line 47, leave out from beginning to end of line 12 on page 10.

Eric Forth (Bromley & Chislehurst, Conservative)

With this it will be convenient to discuss amendment No. 33, in clause 11, page 9, line 47, leave out subsection (3).

Lynne Featherstone (Shadow Minister, Home Affairs; Hornsey & Wood Green, Liberal Democrat)

We are back to the Secretary of State and his wide-ranging powers—in this case, to regard a person as a relevant authority—and I am worried that the provision could be interpreted too widely. There should be a safeguard; otherwise anyone, even a malicious individual, could be considered to be a relevant authority.

Omitting the words in my amendment would not limit in any way the number of times the Secretary of State could make a statutory instrument and adjust the exceptions, exemptions, provisions and so on. I appreciate that parliamentary time is precious, but it would not escape the notice of the House if the Secretary of State dodged in and out daily, and it might be construed that the additions to the provisions were excessive.

Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office; Salford, Labour)

Our current view is that it is appropriate for only the police and local authorities to be relevant authorities as defined in the Bill in terms of applying for drinking banning orders. However, in future we may wish to extend the provision to others, and it is therefore helpful for the Secretary of State to have the power in clause 11(3) to do that by order rather than having to await a further legislative slot to amend the Bill.

Such matters are commonly dealt with by secondary legislation and there is a range of precedents. It is sometimes difficult to get primary legislative slots—although it sometimes seems that the Home Office is legislating for the whole Government. I ask the hon. Lady to consider the matter on the   practical basis that we may need to amend the Bill, so the order-making power is appropriate.

Lynne Featherstone (Shadow Minister, Home Affairs; Hornsey & Wood Green, Liberal Democrat)

On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 11 ordered to stand part of the Bill.