I beg to move Amendment 1, page 4, line 4, at end insert ‘or subsequent’.

With this it will be convenient to discuss the following: Amendment 5, page 4, line 7, at end insert—

‘( ) The House of Commons may amend a draft of an instrument laid before it under subsection (1), insofar as that draft contains regulations pursuant to section 4. A draft so amended may be taken as the draft laid before each House of Parliament under subsection (1).

Amendment 2, page 4, line 8, leave out subsections (2) and (3).

Clause stand part.

Amendments 1 and 2 are straightforward. I am sure that Her Majesty’s Government, in their amazing wisdom, will consider these issues from their fine position of understanding, benevolence and kindliness. The Minister for Europe—that great Minister of parliamentary scrutiny of matters European Union, who is to the scrutiny of European matters what Simon de Montfort was to the House of Commons appearing in the first place—knows, in his bold way, that the better the scrutiny, the better the legislation.

My amendments, which are modest and humble, would make a small improvement to the House’s scrutiny of the regulations introduced under Clause 4. That clause has just passed without a voice being raised against it; none the less, it raises important questions about the penalties in different parts of the UK, as we have just discovered, and under it Ministers will be able to make regulations. Amendment 2 would simply take something out of the Bill. It would simplify the legislation. I thought we were all in favour of making our Laws clear and easy for the average elector—those outside the inner workings of the House—to understand.

The amendments would allow Her Majesty’s Opposition, who I hope will join me on this occasion, better to hold the Government to account and ensure that Members were able to address our constituents’ grievances more effectively and swiftly by making further amendments, after the initial statutory instruments were introduced, subject to the affirmative, rather than the negative, procedure. That would enable us to turn up, as I am sure we all would, at the statutory instrument Committees debating the regulations.

The de Montfort family were, of course, European migrants.

I hoped that the hon. Gentleman was going to find some link between the de Montforts and Somerset, which would have been more helpful. I am not opposed to people coming over from Europe, although I do not have any Norman blood, as far as I am aware. However, we are wandering slightly from the point.

Amendments 1 and 2 would simply ensure that the affirmative procedure was followed and would marginally improve parliamentary scrutiny—they would not change the world, but they would add a little to parliamentary scrutiny. I meant the compliments I paid to the Minister and his commitment to parliamentary scrutiny, which has been exemplary. The European Union Act 2011, which we passed to ensure the rights of Parliament, was an important advance in protecting this country from European activities passing through without anybody really knowing about them. When the rules are changed, they should be changed in the same way as they are first introduced, because sometimes a change can be more important than the initial introduction. For example, a new Government might want to adjust things or not continue with them for as long, and could do so via a statutory instrument, with a limited form of negative control.

I hope that the Government will support my Amendment 5. I hope that the Opposition will, too, because we may not lose the next election, in which case things might be changed by a similar Government, and my amendments would give them a way to hold Her Majesty’s Government to better account. I am proposing modest, easy, humble, simplifying, gentle, but marginally improving amendments, which I hope in their wisdom the Minister and Her Majesty’s Government will accept.

It is a pleasure to serve under your chairmanship, Mr Crausby.

My Amendment 5 is also a minor and modest amendment. For the avoidance of doubt, it is perfectly compatible with amendments 1 and 2, standing in the name of my hon. Friend Jacob Rees-Mogg. There is absolutely no reason why the Government should not accept his amendments and my minor amendment. My amendment would open the way for the draft regulations laid by the Government—pursuant to what will in due course become section 4 of the Act—to be amended by this House. As anyone who has looked at the Bill will be aware, Clause 4 is by some way the longest clause—indeed, it is longer than the rest of the Bill put together. The regulations that are brought forward might all be perfectly in order, and it might be that they cannot be improved on in any way, shape or form. Knowing the Minister’s skill and intelligence in such matters, I have absolutely no doubt that that will be the case. However, we are all human, and it is just possible that a tiny little matter somewhere in those regulations—which will undoubtedly be fairly lengthy and detailed—might need amending. My amendment 5 would give this House the flexibility to amend the draft regulations, rather than simply having the option of accepting or rejecting them in their entirety. It is a minor, modest and humble amendment, and I hope that the Government and the Opposition will support it.

I appreciate that the hon. Members for North East Somerset (Jacob Rees-Mogg) and for Bury North (Mr Nuttall) are seeking to improve parliamentary scrutiny of these matters by providing for the use of the affirmative procedure for any statutory instrument arising from Clause 4. I very much look forward to the Minister’s response. Given that the Government do not seem to have much business for us to scrutinise at the moment, surely there might be time for such provision. I did not go through the Lobby once last week—to my disappointment—so we would welcome any move towards increased parliamentary scrutiny and we await the Minister’s response with bated breath.

The purpose of amendments 1 and 2 is to require that any regulations to implement the transitional restrictions pursuant to Clause 4 be subject to the affirmative resolution procedure. Amendment 5, standing in the name of my hon. Friend Mr Nuttall, would give Parliament the opportunity to amend the initial set of regulations on transitional controls. By contrast, the Bill as drafted would require that the initial regulations made pursuant to clause 4 be subject to the affirmative resolution procedure, but that subsequent regulations, if any, be subject to the negative resolution procedure. That would provide Parliament with the opportunity to give or deny approval, but not to amend the regulations.

I have to say that I was moved by the tribute paid to me—a quite undeserved tribute—by my hon. Friend Jacob Rees-Mogg. Not only am I deeply conscious that he is steeped in the history of this country’s constitution, but I was at school long enough ago to have been taught the history of English liberties, the place of the Provisions of Oxford and the role of Simon de Montfort as one of the founding fathers of Parliament—it was something I learned about at a very early age. I do not know whether his tribute was intended to be ever so slightly barbed—

indicated dissent .

I would not impute that to my hon. Friend, but I was conscious of the fact that Simon de Montfort, despite his contribution to our constitutional developments, ended up being slain at the battle of Evesham, after which his body was hacked apart and the various portions sent to please those members of the nobility who had taken the lead in supporting Prince Edward against him. Although I have absolute confidence in the generosity of spirit with which my hon. Friend spoke, I hope I can count on him to speak for all members of the European Scrutiny Committee and on others to adopt a different role towards de Montfort than he has taken today.

I have thought carefully about the amendments that my hon. Friends have proposed. The initial regulations that we intend to make pursuant to Clause 4 would set out in detail the scheme of restrictions to be applied to Croatian nationals. They would set out the circumstances under which a Croatian national may be authorised to take employment and the penalties that may be applied for any breach of the restrictions. It is clearly appropriate that there should be a presumption that such regulations, setting out a broad scheme of controls and penalties, should require the positive approval of the House. We are therefore providing for the affirmative resolution procedure. However, any subsequent regulations pursuant to clause 4 are likely to be different in character and to have only a limited and technical purpose. For example, it may become necessary to make technical adjustments to the regulations to reflect European Court of Justice case law on the exercise of free movement rights or to adjust the circumstances in which work authorisation may be given, to reflect particular labour market circumstances.

Let us look at the precedent of the regulations applied to Bulgarian and Romanian nationals, recalling that our intention is to apply the same transitional regime to Croatian migrants as already applies to migrants from those two countries. There have been subsequent amendments to the original regulations, but to address minor and technical issues. For example, further amendments to the regulations have referred to arrangements for students undertaking employment during their holidays or vocational employment linked to their studies. Those amendments have brought the treatment of such students into line with the treatment extended to third-country nationals. There have also been technical changes to the arrangements for family members of Bulgarian and Romanian workers, which the treaty required be lifted once the restrictions had been in force for two years.

Those were matters concerned with responding to legal issues about the proper administration of restrictions, as they arose, rather than matters pertaining to their general shape and force. Equally, it might prove necessary to make amendments to the initial regulations simply in order to ensure that they take account of changes made to the controls applied to third-country nationals. I do not think it is proportionate that Amendment of the regulations to deal with this kind of technical issue should require the affirmative resolution procedure.

Of course, if a future hypothetical Government were, through sleight of hand, to use the negative resolution procedure to make a more substantive change to the character of the transitional regulations—which I am sure that this Government would not do—I am confident that the political reaction in the House of Commons would be such as to require, through a prayer tabled under the normal procedures of the House, a debate and vote in Committee and then in the House as a whole. It is unlikely that such a major amendment would be brought forward, however, and there are sufficient safeguards in our proposals. It is probable, however, that there will be a need for minor and technical amendments to be made. The negative resolution procedure accords with the precedent adopted in respect of previous accessions and it is proportionate to the case.

My hon. Friend the Member for Bury North tabled amendment 5, which would allow Parliament to amend the secondary legislation. He will know that the procedure that he is proposing does not fall within the normal forms of House approval. I do not blame him for raising the subject; it has cropped up in more than one debate since I have been a Member of Parliament. However, it would be wrong to use the Bill as an occasion for adopting what would amount to a significant precedent in how Parliament holds the Government to account. There might be a case for what he is proposing, but it would best be addressed, if it is going to be, as a matter of general principle rather than in this way.

Under our current procedure, secondary legislation is not subjected to the type of line-by-line scrutiny and the possibility of amendment that we afford to primary legislation. The affirmative process, which we are suggesting for the first set of regulations, requires a motion in favour in both Houses before the regulations can be made. The House will be able to reject the draft statutory instrument if it is not content with it. The Government believe that that is an appropriate level of scrutiny, and that the use of the negative resolution procedure for what are likely to be minor and technical amendments is also proportionate to the probable course of events. I hope that, having heard those assurances, my hon. Friend the Member for North East Somerset will be willing to withdraw his amendment.

I have listened to the Minister with great care. The problem with comparing anybody to the great figures of history is that so many of them came to a sticky end. That does not, however, undermine the valour of their actions before they met their sticky end. It is the way of politics nowadays that people are reshuffled, whereas in olden times they were rather more finally dealt with. This is perhaps one respect in which I am a moderniser, in that I am glad and reassured that political careers now end more gently than they did in times gone by. I was comparing my right hon. Friend the Minister to Simon de Montfort at the height of his powers when he was successfully commanding the country and advancing democracy.

The mood of the Committee today suggests that it would probably not vote in support of my Amendment, and I shall therefore seek leave to withdraw it. However, I would just add that, to use an old cliché, a bird in the hand is worth two in the bush. It would be an advantage to place in the legislation a requirement for the affirmative resolution procedure, because we cannot guarantee what future Governments will do or, more particularly, what the European Court of Justice will do. The Minister referred to that possibility. There is a risk that the Court could make a highly political judgment that would change the regulations or cause them to be changed by the Government. That could allow the Government to use the negative resolution procedure, because the decision had come from the ECJ, without giving the House the opportunity to debate a genuinely important political matter. I regret that Her Majesty’s Government are not going to accept my proposal, but I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn .

Clause 5 ordered to stand part of the Bill.