I could not agree more. Most European legislatures conduct such matters much better than us. We need not only prior scrutiny, but a transparent process in Europe to enable us to know what Ministers are doing on our behalf, which is another deficiency.
The intent of the legislation on regulatory functions is welcome. However, hon. Members have made it clear that part 1 is unacceptable and that it must be amended before we can accept it. Even if one takes at face value the assurances from the Minister and from the Government as a whole and believes that they will be carried through, we are still legislating for a massive shift of power to the Executive and away from the legislature. The Executive may change in the future, so we, as parliamentarians, must ensure that we put in safeguards.
The Government recognise that the Regulatory Reform Act 2001 has not worked as well as it should have done. It has some benefits, but the mechanism is cumbersome and capable of improvement. All hon. Members want to see a reduction in the administrative burden on businesses. Businesses have welcomed the introduction of the Bill, although it would have been odd if they had not done so. As the right hon. Member for Wokingham (Mr. Redwood) has said, the weaknesses in the current legislation include not only the translation of regulation into law, but the initiation of the regulatory process. The evaluation of such legislation has also raised some issues.
The hon. Member for North-West Leicestershire (David Taylor) has made the key point that regulation has a wholly disproportionate effect on small businesses and micro-businesses. Hon. Members will have received information from the Institute of Chartered Accountants in England and Wales, which has estimated that 73 per cent. of the total £7 billion cost of regulation on business falls on the smallest businesses. A long time ago, I managed a small business on the high street—my practice—but even in those days, I noticed that the cost of regulation was rising. Small businesses do not have human resources departments to deal with regulation. They have a proprietor—the person who ends up as the dogsbody having to do everything, with a wholly disproportionate burden laid upon them. I hope that we will particularly recognise the position of small businesses.
That worries me in another way. I do not want to create a facility for deregulation which solely favours those who have the big battalions behind them. The trigger for reform will often be those who have the resources to mount the campaign—or, even worse, the ear of a suitable Cabinet Minister—and can create the circumstances for deregulation which favours the concerns of the largest businesses at the expense of those who work in the same market but do not have the same resources. We must be extremely cautious about that.
Legislative and Regulatory Reform Bill
Proceeding contribution from
David Heath
(Liberal Democrat)
in the House of Commons on Thursday, 9 February 2006.
It occurred during Debate on bills on Legislative and Regulatory Reform Bill.
Type
Proceeding contribution
Reference
442 c1069-70 
Session
2005-06
Chamber / Committee
House of Commons chamber
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2024-04-21 23:32:14 +0100
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