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New Clause 19 — Power to remove or reduce burdens

Part of Orders of the Day – in the House of Commons at 8:00 pm on 15th May 2006.

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Photo of David Howarth David Howarth Shadow Minister (Energy), Trade & Industry 8:00 pm, 15th May 2006

The Minister seems to be confused. The point is that under the subjective test in the Bill as it stands, all that the judicial review will study is whether the Minister considered a particular thing to be the case. If the word "reasonably" is included, deciding whether the Minister acted reasonably in that context becomes a more objective test. The Minister has a dilemma: either the word "reasonably" makes no difference, in which case, he should accept it; or it makes a very big difference and on a ground that he does not want to accept, in which case, he should resist it on that ground.