§ Mr. BurtI beg to move amendment No. 9 in page 9, line 1, leave out subsection (11) and insert
'(11) For the period of three years from Royal Assent a statutory instrument which contains (whether alone or with other provisions) any regulations under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.(12) A statutory instrument—shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
- (a) which contains (whether alone or with other provisions) any regulations made under this section, and
- (b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
§ Mr. BurtThese amendments relate to the regulation-making powers. Members on the Standing Committee will recall that during discussions on clause 4 a commitment was given to the hon. Member for East Kilbride (Mr. Ingram) to look again at the period for which those regulation-making powers would be subject to affirmative resolution. It was suggested at that time that a period of three years might be more appropriate.
New clause 1, which we dealt with earlier, introduced the three-year period for regulations covering the transition to the new test of incapacity. Amendment No. 9 now gives effect to that for regulations made under clause 4. New subsection (11) will ensure that the regulations will be subject to affirmative resolution for three years from the date of Royal Assent. Additionally, new subsection (12) provides that where the regulations under clause 4 are contained in a statutory instrument that is not subject to affirmative resolution, negative resolution will apply—that is, after the three-year period. That was omitted during the original drafting of the clause.
Hon. Members may ask why we have decided on a period of three years. Why not, for example, make regulations always subject to the affirmative procedure? [Interruption.] Indeed, I hear that question spilling from the lips of Opposition Members.
We recognise that there will be a great deal of interest in the regulations made under the Bill. They are likely to be complex—the very reason for enshrining such matters in secondary legislation—and modifications may need to be made to deal with problems that emerge. In the light of that interest we think it right that the amending regulations should be subject to the affirmative procedure.
Eventually the new system will settle down—three years is a reasonable estimate for the transitional period —and, I hope, will find acceptance on all sides. From time to time there may need to be small sets of amending regulations dealing with what we expect to be relatively minor matters. We do not think that, given a choice, the House would want to debate these. There would, however, have to be a debate if the regulations were subject to the affirmative procedure. If we place amendment under negative procedure after three years, the House will have a choice whether the issues are important enough to merit a full debate.
222 In addition to extending the period for application of affirmative resolution to the transitional regulations, I have tabled amendments Nos. 10 and 11 to do the same with the regulations covering the test of incapacity. Because of their complexity, it is quite possible that we shall not get the regulations right first time and that amendments will be required both before commencement of the Act and in the early days of operating the new test. The regulations will now be subject to affirmative resolution for the period of three years from the date of Royal Assent.
Amendment No. 12 corrects an omission in the current draft of the Bill. Subsection ((3) of clause 6 lists all the regulation-making powers included in clauses 5 and 6 that are to be subject to affirmative resolution. However, subsection (7) of new section 171A has been excluded from the list. The amendment corrects that situation.
Amendment No. 13 clarifies the reference to new section 171D. Subsection (2) of the new section merely sets out a particular case of the power given by subsection (1).
The amendments are largely technical and give effect to a more sensible treatment of the regulation-making powers. I commend them to the House.
§ Mr. BradleyI welcome the fact that the Government have used the affirmative resolution procedure for the regulations, as promised in Committee. I am especially pleased that the Minister spotted the omission of subsection (7). We would have tabled an amendment to that effect ourselves if the Government had not done so.
§ Mr. BradleyHowever, we must place on the record yet again our opposition to the way in which the legislation is being dealt with by regulation. I shall not rehearse the arguments on that subject, but in a sense the Government have made the case for us. The Minister said that the regulations would be complex and that the Government do not expect to get them right, but expect to have to amend them. What a way to introduce legislation. They admit that they do not know what they are doing; yet they legislate by regulation which we cannot amend and to which we can only vote yes or no even if we know that the Government have got it wrong. That is an extraordinary procedure to adopt and the Government have condemned themselves out of the Minister's own mouth.
However, we welcome the fact that a three-year period will apply to the regulations. All my hon. Friends will welcome that, because, unless the Government change the law on elections, three years should take us through until after the next general election, when we shall have the pleasure of introducing sensible regulations and legislation to deal with the real needs of disabled people in this country.
§ Amendment agreed to.