§ Read a third time.
§ Baroness Gardner of ParkesMy Lords, I beg to move That this Bill do now pass.
§ Moved, That the Bill do now pass.—(Baroness Gardner of Parkes.)
§ Baroness Farrington of RibbletonMy Lords, it is perhaps appropriate that I should say a few words from the Government Bench before, as I hope, we agree that this Bill do now pass. I speak partly to express, on behalf, I am sure, of all noble Lords, our collective thanks to Sir George Young and the noble Baroness, Lady Gardner of Parkes, for their efforts in taking this Bill through.
No one who embarks on a Private Member's Bill can be certain of success so we must be all the more appreciative of what both Sir George and the noble Baroness have achieved in bringing this Bill to the brink of Royal Assent.
If your Lordships agree that this Bill do now pass, it will then fall to the Government to take forward implementation. It is in that context that I should say something about Clause 40(2) and its powers to make commencement orders which could modify primary legislation.
1197 The Select Committee on Delegated Powers and Deregulation of this House has drawn attention to that power and has compared it to the power to make regulations in Clause 37. The Select Committee questioned whether it was appropriate that provisions which would be subject to parliamentary scrutiny if included in regulations under Clause 37 should escape that scrutiny if included in an order under Clause 40(2).
The thinking behind that provision was merely that the commencement of the Bill, as part of the transition from the present wholly unregulated regime to a continuing system of regulation might be a complex matter which for the sake of all concerned should be conducted smoothly. But the point of the Select Committee is well taken. I therefore echo the words of the Minister for Transport in London. In a recent letter to the noble Baroness, Lady Gardner of Parkes, the Minister gave an undertaking that the power in Clause 40(2) will not be used as it might otherwise have been to modify any enactment contained in the Bill, should it become law, or in any other Act. If such a modification is judged to be necessary, provision will be pursued by regulations under Clause 37 in order that it should be laid before Parliament. I am glad to repeat that undertaking on the Floor of your Lordships' House. I hope that it gives noble Lords the reassurance they seek and that the House will therefore feel able to agree that this Bill should now pass. In doing so, we shall be sending for Royal Assent a measure which, in the opinion of many, is long overdue. It will make London a safer place.
The House has done itself credit in providing all-party support for this measure after a constructive Second Reading debate. I am grateful to all noble Lords who spoke in that debate. It now falls to me to commend the Bill to your Lordships' House as a proper, necessary and appropriate measure to which I hope your Lordships will agree.
§ Baroness Gardner of ParkesMy Lords, I thank the noble Baroness for repeating that undertaking which was given by the Minister for Transport in London. I thank all those who have done so much as regards the progress of the Bill. I hope that your Lordships will now agree that the Bill do now pass.
§ On Question, Bill passed.