Pollution Prevention and Control Bill [H.L.] (Hansard, 13 April 1999)

§ Lord Carter
My Lords, on behalf of my noble friend Lord Whitty, I beg to move the Motion standing in his name on the Order Paper.

Lord Renton
My Lords, when this Bill was before your Lordships in February, it was strongly criticised in all parts of the House, and rightly so. It is basically unconstitutional in that it repeals the whole of Part I of the Environmental Protection Act 1990, which consists of 28 sections, and purports to replace it by statutory instruments. Those would not be drafted by parliamentary counsel but by officials in the department. The instruments would come before your Lordships without noble Lords having any chance to amend them. Noble Lords would be able only to vote for or against them.
We are grateful to the Government for acknowledging the request made in Committee that the Bill be re-committed. Some amendments have now been tabled by the Government and others, including myself, which we hope may improve the Bill. I shall be tabling this week further amendments of a more fundamental kind. I hope that the Government will give adequate advance notice of the re-committal. It is of vital importance that as many of your Lordships as possible should attend and take an interest in the constitutional implications, and protest against them.

§ Lord Carter
My Lords, 1 believe that the date of the re-commitment has been noted in future business for about a fortnight. I am aware of the point the noble Lord makes. The Government have taken note of the comments of the Delegated Powers and Deregulation Committee. That is why we have re-committed the Bill.