HL Deb 22 July 1991 vol 531 c536

70 Clause 30, page 22, line 20, leave out 'requirement imposed on him by the regulations' and insert 'regulation under this section which is designated for the purposes of this subsection'.

71 Page 22, line 21, at end insert: '(8A) In subsection (8) "designated" means designated by the regulations.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 70 and 71. Without the amendments it would be a criminal offence not to comply with the requirements of a deduction from earnings order or any related regulation. Some of the related regulations will cover minor matters such as the procedure to be followed in complying with an order. The amendments mean that the criminal sanction will apply only to designated regulations and will therefore allow for minor provisions to be excluded. I believe that this also is an important improvement.

Moved, That the House do agree with the Commons in their Amendments Nos. 70 and 71.—(The Lord Chancellor.)

Lord Renton

My Lords, I suppose that we have to agree to the amendment, but the noble Lord, Lord Mishcon, may agree with me that it is going rather far with regulations to find that they and not primary legislation are to affect the application of the criminal law and that the wording of regulations will determine whether or not a crime has been committed.

This is a somewhat indirect method of legislating by regulation as it affects the criminal law. I suppose that we have no option but to accept it, but I feel obliged in passing to say that I hope that it is a practice which we shall not see very often.

Earl Russell

My Lords, I should like to express my agreement with the point that the noble Lord, Lord Renton, has made. I agree with him that we cannot do much about it now, but the growing tendency to legislate by regulation requires attention.

The Lord Chancellor

My Lords, the amendment is designed to limit the effect of that provision, so I hope that, pursuant to the principles which my noble friend and the noble Earl have mentioned, they will consider it an improvement. Instead of all the regulations being made the subject of a criminal offence, the regulations would be required to specify that point and we are seeking to target the regulations better and make them more effective.

On Question, Motion agreed to.