Clause 120

Part of Criminal Justice and Immigration Bill – in a Public Bill Committee at 9:45 pm on 27 November 2007.

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Photo of David Burrowes David Burrowes Shadow Minister (Justice) 9:45, 27 November 2007

I should like to refer to the point made in response to the Amendment tabled by the hon. Member for Leyton and Wanstead. Clause 120(6) is a Henry VIII provision, allowing primary legislation to be amended by statutory instrument. Will the Minister briefly respond to the concerns in this regard? Obviously, as a matter of principle, use of this type of provision should exceptional, rather than the norm. Would it not have been more appropriate to consider in more depth whether there was a need to have flexibility implicit in the Bill, rather than seeking to use an order-making power to build in the flexibility that the Minister mentioned with regard to alleviating his concerns?

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