ELECTRONIC SIGNATURES AND RELATED CERTIFICATES (Hansard, 25 May 2000)

§ Ms Hewitt
I beg to move, That this House agrees with the Lords in the said amendment.

§ Madam Speaker
With this it will be convenient to discuss Lords amendments Nos. 8, 9 and 22.

§ Ms Hewitt
Amendments Nos. 7, 8 and 22 meet two further recommendations of the Select Committee on Delegated Powers and Deregulation. They deal with the parliamentary control that would be exercised if the Government's preference for self-regulation could not be achieved, and, therefore, we decided to implement the statutory regime under part I. Amendment No. 22 would mean that part I could not be implemented unless each House had approved the commencement order. Therefore, it would include in the Bill the undertaking that I gave during earlier stages to return to Parliament before commencing with part I.
Amendments Nos. 7 and 8 are closely related. They would mean that the first time that the Secretary of State exercised his resolution-making powers under part I, they would be subject to the affirmative procedure. On subsequent occasions, they would be subject to the negative procedure. Taken together, the amendments strike a sensible balance between ensuring parliamentary control over a decision to implement part I and ensuring that, if we introduced a statutory approvals scheme, it could be operated flexibly and sensibly.
Amendment No. 9 meets a commitment given in another place to include in the Bill our decision to consult on the approvals criteria.

§ Mrs. Angela Browning (Tiverton and Honiton)
I welcome what the Minister has said and especially her honouring of a commitment made to my noble Friend Baroness Buscombe in another place.
On amendment No. 9 and the need—and the Government's willingness—to consult those affected, a pattern has developed in consultations on secondary legislation, especially those involving business. I urge the Minister to consider the lead times necessary for business to be consulted. Businesses increasingly find that little time is allowed for consultation, especially given the other pressures on their time. I hope that, in recognising the need for consultation under amendment No. 9, the Minister can assure the House that the Department will set realistic timetables for business consultation.

§ Mr. Richard Allan (Sheffield, Hallam)
I, too, welcome the Government's commitment, which was expressed by Lord Sainsbury of Turville in another place, 1125 to respond to issues that we raised in Committee. The Minister will know that the Opposition remain concerned about the prospect of part I being implemented. Therefore, an extra block on that, such as having to undertake another parliamentary procedure, is welcome. I should be interested to know whether the Minister could give us an update on the progress of the Government's negotiations with industry on the Tscheme proposals. I understand that they represent a way in which to avoid implementing part I and even the commitment that has been made to bring such matters before Parliament.
On amendment No. 9, to which the hon. Member for Tiverton and Honiton (Mrs. Browning) referred, can the Minister tell us whether the Government have any idea of the time scale that they will set themselves to work with industry? Amendment No. 9 refers to consultation with industry, but such matters would not be dealt with unless and until comprehensive consultations and negotiations on the Tscheme had been undertaken with industry. I hope that the Minister will tell us about the Government's intended time scales for seeking parliamentary approval for the regulations under the amendments, and for laying them before the House and consulting on them. Such matters are important for Britain's future in electronic commerce.

§ Ms Hewitt
I am grateful to the hon. Member for Tiverton and Honiton (Mrs. Browning) for supporting these and earlier amendments. My right hon. Friend the Secretary of State and I are well aware of business concerns about the need to allow proper time for consultation on this and other matters. I confirm that we are considering that matter and seeking to ensure that there are both adequate consultation periods and adequate periods between the introduction of regulations and their coming into effect. Certainly, if we brought part I of the Bill into effect, we would ensure that there was proper time for consultation.
On the matter raised by the hon. Member for Sheffield, Hallam (Mr. Allan), I am pleased to say that the industry has been making excellent progress in establishing the Tscheme—the voluntary, self-regulatory scheme that we debated in some detail in Committee. Indeed, the second board meeting of members of the scheme was held earlier this week. At this stage, I am confident that the progress which is being demonstrated, and which will, I am sure, be maintained, should make the introduction of part I unnecessary.