London Olympic Games and Paralympic Games (Amendment) Bill

My Lords, in moving Amendment 3, I will also speak to Amendments 4 and 5 in this group. The amendments address a concern raised by the Delegated Powers and Regulatory Reform Committee. The 2006 Act provides for the making of advertising and trading regulations. Under the Act, all such regulations, including amending regulations, are subject to the affirmative resolution procedure. The Bill amends the 2006 Act to provide that advertising and trading regulations other than the first set may instead be made via the negative resolution procedure. This is intended to enable the making of amending regulations if unforeseen events crop up late in the day, such as if it is necessary to move a Games event from one venue to another shortly before the event is due to take place. If the need to amend the regulations arose at this point, such as if a water main serving a venue burst a few days before that venue was scheduled to be used, it would be impracticable to amend the regulations via the lengthy affirmative resolution procedure. Because the regulations are very detailed and specify precisely the places where, and periods during which, they will apply, it may be necessary to amend them if a venue or the Games schedule has to change. It is not possible, in the abstract, to describe all the incidents that might necessitate such a change, but I emphasise that we are not planning any such amendments. A lot of work has gone into identifying and preparing venues and the event schedule for the Games, and we intend the venues, the schedule, and the regulations that have already been published to remain as they are. A change will be necessary only if unforeseen circumstances such as the burst water main I mentioned occur. The Delegated Powers Committee accepts the need to amend the 2006 Act to facilitate the amendment of the regulations in such circumstances. However, it is concerned that the extent of the procedural relaxation in the Bill goes further than is necessary. Accordingly, it has recommended that the Bill is amended to provide that the affirmative resolution procedure must be used unless the Minister considers that, by reason of urgency, it is necessary instead to use the negative procedure. As it was always the intention that the negative resolution procedure would be used only where there was an urgent need to do so, the Government are happy to accept the committee’s recommendation and to provide the additional clarification. The effect of these amendments is that advertising and trading regulations will be made via the negative procedure only if the Minister considers that that is necessary by reason of urgency. In such a case, the regulations will confirm, on their face, that this is the Minister’s view. In essence, what we mean by ““urgency”” is that, for reasons of time, it would be impracticable to use the affirmative procedure and it is necessary instead to use the negative procedure. That is likely to be because the amending regulations have to take effect quickly, before the earliest date that affirmative regulations could practicably be made. This would be the case, for example, where the incident necessitating the amendment occurs only a short time before the relevant Games event. Likewise, it would be the case if amending regulations had to be made when Parliament is not sitting. As noble Lords will know, affirmative regulations cannot be made when Parliament is in recess, whereas negative instruments can. I hope that these amendments and the further explanation that I have set out today provide noble Lords with welcome assurance that the power to amend the regulations via the negative procedure will be used only when that is genuinely necessary. I beg to move.