UK Parliament / Open data

Local Government and Public Involvement in Health Bill

It may not be a bang but neither is it a whimper. It is an important point. The amendment seeks to narrow the Secretary of State’s power to amend other legislation in implementing the Bill by amending Clause 242. I am assured that provisions such as Clause 242 are very common in legislation. They are taken so that it is possible, in implementing a Bill, to make necessary amendments to other legislation that needs tidying up as a result of the Bill’s passing. They also ensure that Ministers have sufficient powers to ensure that Bills can be implemented in full. Clause 242 would not allow Ministers to make secondary legislation that extended beyond the scope of the provisions of the Bill. It would be unfortunate, however, if necessary amendments to other legislation could not be made to give proper effect to the Bill because of technical doubts over whether the power to do so would be wide enough. The power already has built-in limits on its use. Moreover, all orders made under it will be laid before both Houses and, if the Government wish to amend primary legislation using the power, that will be subject to a debate in this House. I appreciate the forensic techniques that the noble Baroness has employed throughout our consideration of the Bill. It is a fitting climax to Clause 242.
Type
Proceeding contribution
Reference
694 c873-4 
Session
2006-07
Chamber / Committee
House of Lords chamber
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