Climate Change Bill [HL]

moved Amendment No. 187: 187: Before Clause 62, insert the following new Clause— ““Secondary legislation No secondary legislation, including any order or regulations, may be made under this Act unless it is necessary for the proper operation of the Act and is compatible with the principal aim of the Act.”” The noble Lord said: The first amendment in the group places a prohibition on making secondary legislation unless it is consistent with the principal aim of the Act. It was on the very first day of this Committee that we debated whether to include a principal aim in the Bill. I do not intend to rehash the arguments made then, but I would like to treat the amendment as an opportunity to discuss a general problem with the Bill, as we look forward to Report. The order-making powers in the Bill are too extensive. As it stands, the Secretary of State can change virtually all the targets, budgets and training schemes by order. Likewise, as we heard in the waste management services section, there is imprecision and power beyond the specific elements of addressing climate change. I do not necessarily suspect the Government of planting Trojan horses in a cynical attempt to increase the power of the Secretary of State. However, we feel that it is important that the amendment be included to ensure that this Bill—which is very much just a framework—will not be interpreted in a way that is not related to or in keeping with its primary policy purpose of stopping climate change. An example of an unnecessary power given to the Secretary of State is the subject of the second amendment in this group, proposed by the noble Lords, Lord Teverson and Lord Redesdale, and which also carries our names. The Secretary of State should not select the time at which this Bill is enacted. This Bill should come into force on the day that it is passed. I beg to move.