Regulatory Enforcement and Sanctions Bill [Lords] – in a Public Bill Committee at 12:15 pm on 17 June 2008.
Christopher Chope
Conservative, Christchurch
With this it will be convenient to discuss the following amendments: No. 28, in Clause 15, page 8, line 1, leave out subsection (7).
No. 29, in clause 16, page 8, line 25, leave out subsection (6).
No. 30, in clause 16, page 8, line 28, leave out subsection (7).
Mark Prisk
Shadow Minister (Business, Enterprise and Regulatory Reform)
These are merely probing amendments, and I do not intend to press them further, but I do want to ensure that there is a degree of clarity.
On Clause 7, with regard to guidance, we debated the precedent of a non-departmental body being able to use directional powers. Clause 15 prohibits the Secretary of State from directing the LBRO with regard to its clause 7 powers. I wanted briefly to explore with the Minister the thinking behind that exclusion.
Pat McFadden
Minister of State (Department for Business, Enterprise and Regulatory Reform) (Employment Relations and Postal Affairs), Member, Labour Party National Executive Committee
Part 1 specifies two distinct direction-giving powers. The first, which we have discussed, is LBRO’s right to give local authorities directions to comply with guidance under Clause 7. The amendments deal with the second power, which relates to a Minister’s right to give directions to LBRO. It is intended as a reserve power. LBRO needs to be independent, but as the hon. Gentleman rightly said on an earlier point, Ministers remain accountable to Parliament for its work. If we found ourselves in a situation where LBRO was acting against the public interest, we would need to exercise such a power. It is unlikely that the power will be used, but it is perhaps prudent to have it in case it is needed.
The issue was included in response to a recommendation by the Delegated Powers and Regulatory Reform Committee. The Committee drew attention to the potential uses to which the two directional powers could be put in combination. It was concerned that Ministers could direct LBRO to direct multiple local authorities and that that would give the power a quasi-legislative character. It felt that the issue needed to be dealt with and recommended that parliamentary scrutiny be applied where LBRO used its directions for more than one local authority and where Ministers had instructed it to do so. Following amendments to implement those recommendations, both can be done only with parliamentary approval. Ministers are unlikely to use their direction-giving power in the sense that I have set out, but a safeguard should be in place.
I hope that clarifies that, in phrasing the clause in the way that we have, we are responding to concerns raised by the Delegated Powers and Regulatory Reform Committee.
Mark Prisk
Shadow Minister (Business, Enterprise and Regulatory Reform)
That was a very helpful explanation, not least because it is now on the record and will help people to understand the distinction that the Minister has just made. It is interesting that the Government felt it right to have accountability directly to Parliament for directions in this instance but not in another instance. However, the Minister’s comments were helpful, and I beg to ask leave to withdraw the Amendment.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
