Clause 32
Human Fertilisation and Embryology Bill [Lords]
Public Bill Committees, 10 June 2008, 4:45 pm

Mark Simmonds (Shadow Minister, Health; Boston & Skegness, Conservative)
I wonder whether the Minister can explain the difference between regulation, as set out in clause 30, consequential provision, as set out in clause 31, and orders, as set out in clause 32.

Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
Will the hon. Gentleman repeat the question?

Mark Simmonds (Shadow Minister, Health; Boston & Skegness, Conservative)
Of course. Clause 32 refers to the Government’s ability to make orders, yet clause 30 refers to regulations, clause 31 to consequential provision, and clause 32 to orders. Is there a difference between regulation, consequential provision and orders? If there is, what is it? If they are the same, why has different terminology been used in three consecutive clauses?

Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
Clause 30 deals with the regulations made under powers introduced by the Bill that are exercised by the authority—codes and so on. Clause 32 refers to the procedures of this House—whether matters are subject to the affirmative or the negative procedure. There is not a huge difference in practice, but there tends to be a consequential relationship between regulations and orders and the procedures under which they go through the House. One may ask why that is the case, and the answer is that the House has always done it in that way, and there is parliamentary precedent.
