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

With this it will be convenient to discuss the following:

Clause 40 stand part.

Clause 41 stand part.

Clause 42 stand part.

This group covers administrative clauses regarding fees and notices, provisions to allow PBOs not to be treated as GMOs under the Environmental Protection Act 1990, and subsequent necessary powers. I reassure the Committee that we do not intend to charge fees initially in order to incentivise innovation and investment in PBOs, but we will keep that under review. If fees are introduced later, they will be set at a cost recovery level. I commend the clauses to the Committee.

I would like to speak briefly on clause 42, as it contains one of those notorious Henry VIII clauses, which need to be considered carefully. The clause concerns powers to make consequential provisions. Subsection (2) says,

“Regulations under this section may modify legislation.”

We have had this debate many times before about the procedural and technical elements of the Bill, which are thin and constitute poor legislative practice in general, because many of the key provisions are not properly spelled out in the Bill. As we have said, many of the secondary powers are merely optional.

Clause 42 is problematic because it gives Ministers the power to change and amend primary legislation without having to go through the normal scrutiny processes. This is a familiar argument, but it bears repeating—not least because the Minister today will be well aware of the issue and would, no doubt, berate me if I made such a proposal. These clauses shift power away from Parliament towards the Executive, so they clearly need to be strongly justified.

I understand that some elements of the Bill would amend primary legislation in an administrative way, but I still think it is right that the Minister should justify her use of this subsection, given that it would give her Government wide, sweeping powers, which could also be applied in a non-administrative way. It is a question worth addressing.

It is also a question the Government will have to answer when the Bill comes to the Lords. The Delegated Powers and Regulatory Reform Committee will consider whether any of the Bill’s provisions inappropriately delegate legislative power, and the Government will have to provide the Committee a memorandum identifying the purpose of each delegation, providing the justification for leaving the matter to delegated legislation and explaining why the proposed level of parliamentary control is thought to be appropriate.

I am sure the Minister will be pleased to know that I have looked at the memo from the Department to the Delegated Powers and Regulatory Reform Committee, which I suspect the Minister may read out in a moment. I was not entirely convinced by the previous Minister’s arguments on these points. Given that the Lords Committee pays particular attention to any proposal in the Bill that uses a Henry VIII clause, because of the way it shifts power, I hope she will be able to provide me with further justification while we in the Commons have the opportunity to scrutinise the Bill.

I completely understand the hon. Gentleman’s feelings about Henry VIII clauses. I think it is right that they are used judiciously and carefully.

To turn to clause 42 specifically, precision bred organisms are currently regulated by many GM legislative instruments that will need amending to reflect the changes made by the Bill. They will in the main be very technical amendments that will merely reflect the changes that we make if the Bill is passed. There are also references to GM organisms in numerous legislative instruments that will need adjusting, for the same reason. Other parts of law are passed, and GM references feature in many different forms of our legislative framework. The power in clause 42 enables the Government to make reasonable, proportionate and technical amendments. In that light, I urge that the clause stand part of the Bill.

Question put and agreed to.

Clause 39 accordingly ordered to stand part of the Bill.

Clauses 40 to 42 ordered to stand part of the Bill.