Clause 43 - Procedural requirements for regulations under section 38 or 40

Fisheries Bill [Lords] – in a Public Bill Committee at 9:45 am on 15 September 2020.

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Photo of Stephanie Peacock Stephanie Peacock Shadow Minister (Environment, Food and Rural Affairs) 9:45, 15 September 2020

I beg to move Amendment 97, in Clause 43, page 29, line 32, leave out from “if” to the end of line 42.

This amendment would make the relevant regulations subject to the affirmative procedure.

I will not repeat the arguments that I and my hon. Friend the Member for Plymouth, Sutton and Devonport have made about the need for more parliamentary scrutiny. Clauses 38 and 40 allow the Secretary of State to make regulations for technical matters currently regulated by the EU under the common fisheries policy. That includes powers to allow the UK to meet its international obligations, conserve the marine environment, adapt fisheries regulations, and make provisions for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals. With amendment 97, we seek to make the relevant regulations subject to the affirmative procedure to enable better scrutiny of the Government, and help the Government achieve their objectives listed under clause 1.

Photo of Victoria Prentis Victoria Prentis The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs 10:00, 15 September 2020

We feel that we have got the balance of scrutiny right. Clause 43 was carefully drafted to ensure that the affirmative procedure was used in appropriate cases, with the negative procedure used to introduce what are likely to be highly technical amending regulations. As I said earlier, the Delegated Powers and Regulatory Reform Committee in the other place has twice considered the procedures proposed and told the Government that we have the right parliamentary procedure for all the regulation-making powers in the Bill. The Committee commented in its first report that

“of the Bill’s 15 delegated powers that have a parliamentary procedure, only four are solely governed by the negative procedure, and justifiably so.”

I hope that the hon. Lady will withdraw the Amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

Photo of Victoria Prentis Victoria Prentis The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

The Clause sets out the procedural requirements for making regulations under clauses 38 and 40. These ensure that there is appropriate parliamentary and public scrutiny of provisions made using these powers.

Question put and agreed to.

Clause 43 accordingly ordered to stand part of the Bill.

Clause 44 ordered to stand part of the Bill.

Clause

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

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.

amendment

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.

clause

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.

other place

The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.

Amendment

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.