In view of the time I shall be brief and add only one point. The importance of the debate is that the Law Commission route is the only one under the Bill whereby Ministers can change the common law, otherwise their powers are restricted to changing statutes. The common law basis of our constitution is well-known; the rules of natural justice, for example, exist only in common law, not in statute.
The Government have a history of changing Law Commission recommendations. On bad character evidence, for example, the Criminal Justice Act 2003 did exactly the opposite of what the Law Commission recommended, so these are serious matters. If the Government cannot bring their desires within either subsection (5) of the new clause or the second part of amendment (b), to take advantage of the power to make changes consequent on the delay in implementing the recommendations, the only proper route is not to make use of the fast-track procedure but to go back to the Law Commission and try to persuade it to take the matter forward.
It being Ten o’clock, Mr. Speaker put forthwith the Question already proposed from the Chair, pursuant to Order [this day].
Question put, That the clause be read a Second time:—
Clause read a Second time
Mr. Speaker then proceeded to put the remaining Questions required to be put at that hour.
Amendment proposed to the proposed new clause: (a), in line 4, leave out ‘with or without changes'.—[Mr. Greg Knight.]
Clause added to the Bill."‘An order under this Part may not, except by virtue of section (Power to remove or reduce burdens)(8), (Power to promote regulatory principles)(5) or (Power to implement Law Commission recommendations)(5), make provision to amend or repeal any Northern Ireland legislation.'.—[Hilary Armstrong.]"
Brought up, read the First and Second time, and added to the Bill."‘An order under this Part may not make provision amending or repealing any provision of—"
Brought up, read the First and Second time, and added to the Bill.
Bill, as amended in the Standing Committee, to be further considered tomorrow.
Legislative and Regulatory Reform Bill
Proceeding contribution from
David Howarth
(Liberal Democrat)
in the House of Commons on Monday, 15 May 2006.
It occurred during Debate on bills on Legislative and Regulatory Reform Bill.
Type
Proceeding contribution
Reference
446 c810-8 
Session
2005-06
Chamber / Committee
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