Clause 16 - Regulations and orders

Part of Children and Adoption Bill [Lords] – in a Public Bill Committee at 11:30 am on 21 March 2006.

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Photo of Tim Loughton Tim Loughton Shadow Minister (Children) 11:30, 21 March 2006

Owing to an oversight on our part, we have not tabled any amendments to this clause, although we might return to it on Report.

The clause is very powerful. It gives weight to all the regulations that the Secretary of State can make, and there are an awful lot of those. We have said that a lot of the detail is not in the Bill and that a lot of power is being given to the Secretary of State to make regulations, to which we are not privy at this stage, at her determination and at a later date.

Subsection (3) makes such regulations subject to the negative resolution procedure—that is, if hon. Members are fortunate enough to notice that the regulations are looming, they will have to pray against them. Given the detail missing and the amount of work that still needs to be done on the regulations, does the   Minister not think that they should be subject to an affirmative resolution of both Houses so that hon. Members and noble Lords have the opportunity to debate them in more detail? We do not have the opportunity to do so now, because those regulations are not available in any draft form. Perhaps the Minister will consider that request and return to it on Report.