London Olympic Games and Paralympic Games (Amendment) Bill

My Lords, I thank the Minister for introducing these amendments. There is obviously sense in having flexibility within the legislation to deal with unforeseen events, and we fully understand why the Government have decided to take these powers. However, as was pointed out in the report of the Delegated Powers Committee, these powers are wide-ranging, and it is important that they be subject to appropriate scrutiny. The recent Delegated Powers and Regulatory Reform Committee report called for assurances that the provision to make these regulations via the negative resolution procedure would be exercised only when there was an urgent need to do so. The Minister reaffirmed that the intention is always to work within the set of advertising and trading regulations laid in Parliament on 10 October, which will be subject to the affirmative procedure. However, the problem with the approach being taken by the Government is that these present regulations are going to be made only in the deepest recess period, July to September 2012, so there is a Catch-22 situation. You can make negative regulations of the type described by the Minister when you cannot make regulations under the affirmative procedure, but because the Houses will be in Recess, neither House would be in a position to exercise its power under the negative resolution procedure in those circumstances. The net effect is to provide the Secretary of State with wide-ranging Henry VIII powers exercisable on his or her assertion that it is an emergency. When the Minister responds, will she enlighten us about why it was decided that the negative/affirmative procedure was appropriate? It might have been easier to fess up and simply say that, on reflection, the Government take the view that it is necessary for the Secretary of State to have these powers and that some procedure, such as a full report, will occur once the Houses have resumed after the Games have finished. Clearly, we are where we are, so the question really is: what are the urgent situations that could give rise to the need to use this provision? I may be straining at a gnat here, but I have noticed in the documentation that we have been provided with that there are three different variations on what is defined as an urgent situation. The wording of the amendment is that the regulations would be used only if, "““the Secretary of State considers that by reason of urgency it is necessary that they be made””." The Delegated Powers Committee slightly inflects that and changes the terms. It states that the powers would be needed only when there was an urgent need. The Minister suggested in correspondence, which was copied to several noble Lords, that the amending regulations would be brought forward only to provide flexibility in cases where exceptional circumstances, such as a burst water main, require a change of competition venue. I am not sure that a need for flexibility is by definition an urgency, but I think we understand the sense behind the points made in the correspondence. I do not think at this stage we wish further to oppose this amendment, but it would be helpful if the Minister would write to us with a few examples of where she thinks such a situation might occur so that we have them on record.