Legislative and Regulatory Reform Bill

As a member of both the Regulatory Reform Committee and the Standing Committee that considered the Bill, I am generally pleased by the progress that has been made. However, I still have concerns about this group of amendments, especially Government amendments Nos. 46, 50, 54 and 55. Those concerns have been voiced with greater knowledge and expertise than mine by my hon. Friends the Members for Ellesmere Port and Neston (Andrew Miller) and for Cannock Chase (Dr. Wright). Although the Regulatory Reform Committee’s special report, which has been much quoted, has, it appears, provided the basis for many of the revisions that have been made to the Bill, no further amendment has been made to one or two aspects. However, there is still a case for both this House and another place to consider those aspects. That is why I have put my name to several amendments tabled by my hon. Friend the Member for Ellesmere Port and Neston. In my view, and in that of the Regulatory Reform Committee and the Public Administration Committee, it is preferable that after an order has been laid, no draft order to the same effect, or any which, although it has been reworded or modified, would have the same effect, should be laid within two years. The veto as it stands does not bring with it the two-year moratorium that the Regulatory Reform Committee felt was appropriate as a matter of course. I hope that my hon. Friend the Minister will again consider proposing further changes, which could be brought forward in another place, to introduce such a measure. The Regulatory Reform Committee felt that the demand for a two-year breathing space did not expect more from Ministers than at present, as they already voluntarily respect that rule. However, in the interests of our peace of mind, and with regard to possible abuse by future Governments and Ministers who are not so well disposed or responsible as the present incumbents, this matter demands further ministerial consideration. Unless a Committee’s veto was overturned by the House, the Committee would have significant powers—although, as hon. Members have said, its precise role is not exactly clear. The hon. Member for Huntingdon (Mr. Djanogly) raised concerns too, so I hope that the Minister will clarify the time scale in which the veto must be exercised, because it is 10 days in the case of Government amendment No. 54, but a less specific period in the case of Government amendment No. 55. There appears to be no scope for a formal veto if the real problem is an order being categorised as controversial or inappropriate. Members of the Standing Committee will recall that we could not get a clear definition of those terms, despite the then Minister’s best efforts to provide reassurance. The Bill is thus narrower than the informal undertaking that has been respected since the introduction of the Regulatory Reform Act 2001. Will the Minister confirm whether such an undertaking remains on offer this time? If not, will he consider including it more formally in the Bill? The Minister’s predecessor said to the Public Administration Committee:"““to get the veto provision correct will take a great deal of work and thorough consideration””." There has been a great deal of thorough consideration, but we may still have work to do to ensure that the Bill meets the concerns raised in the House today. I hope that my hon. Friend the Minister will not rule out amendments that would insert the two-year restriction, following the gentle and friendly probing of Labour Members.