I would not impute that to my hon. Friend, but I was conscious of the fact that Simon de Montfort, despite his contribution to our constitutional developments, ended up being slain at the battle of Evesham, after which his body was hacked apart and the various portions sent to please those members of the nobility who had taken the lead in supporting Prince Edward against him. Although I have absolute confidence in the generosity of spirit with which my hon. Friend spoke, I hope I can count on him to speak for all members of the European Scrutiny Committee and on others to adopt a different role towards de Montfort than he has taken today.
I have thought carefully about the amendments that my hon. Friends have proposed. The initial regulations that we intend to make pursuant to clause 4 would set out in detail the scheme of restrictions to be applied to Croatian nationals. They would set out the circumstances under which a Croatian national may be authorised to take employment and the penalties that may be applied for any breach of the restrictions. It is clearly appropriate that there should be a presumption that such regulations, setting out a broad scheme of controls and penalties, should require the positive approval of the House. We are therefore providing for the affirmative resolution procedure. However, any subsequent regulations pursuant to clause 4 are likely to be different in character and to have only a limited and technical purpose. For example, it may become necessary to make technical adjustments to the regulations to reflect European Court of Justice case law on the exercise of free movement rights or to adjust the circumstances in which work authorisation may be given, to reflect particular labour market circumstances.
Let us look at the precedent of the regulations applied to Bulgarian and Romanian nationals, recalling that our intention is to apply the same transitional regime to Croatian migrants as already applies to migrants from those two countries. There have been subsequent amendments to the original regulations, but to address minor and technical issues. For example, further amendments to the regulations have referred to arrangements for students undertaking employment during their holidays or vocational employment linked to their studies. Those amendments have brought the treatment of such students into line
with the treatment extended to third-country nationals. There have also been technical changes to the arrangements for family members of Bulgarian and Romanian workers, which the treaty required be lifted once the restrictions had been in force for two years.
Those were matters concerned with responding to legal issues about the proper administration of restrictions, as they arose, rather than matters pertaining to their general shape and force. Equally, it might prove necessary to make amendments to the initial regulations simply in order to ensure that they take account of changes made to the controls applied to third-country nationals. I do not think it is proportionate that amendment of the regulations to deal with this kind of technical issue should require the affirmative resolution procedure.
Of course, if a future hypothetical Government were, through sleight of hand, to use the negative resolution procedure to make a more substantive change to the character of the transitional regulations—which I am sure that this Government would not do—I am confident that the political reaction in the House of Commons would be such as to require, through a prayer tabled under the normal procedures of the House, a debate and vote in Committee and then in the House as a whole. It is unlikely that such a major amendment would be brought forward, however, and there are sufficient safeguards in our proposals. It is probable, however, that there will be a need for minor and technical amendments to be made. The negative resolution procedure accords with the precedent adopted in respect of previous accessions and it is proportionate to the case.
My hon. Friend the Member for Bury North tabled amendment 5, which would allow Parliament to amend the secondary legislation. He will know that the procedure that he is proposing does not fall within the normal forms of House approval. I do not blame him for raising the subject; it has cropped up in more than one debate since I have been a Member of Parliament. However, it would be wrong to use the Bill as an occasion for adopting what would amount to a significant precedent in how Parliament holds the Government to account. There might be a case for what he is proposing, but it would best be addressed, if it is going to be, as a matter of general principle rather than in this way.
Under our current procedure, secondary legislation is not subjected to the type of line-by-line scrutiny and the possibility of amendment that we afford to primary legislation. The affirmative process, which we are suggesting for the first set of regulations, requires a motion in favour in both Houses before the regulations can be made. The House will be able to reject the draft statutory instrument if it is not content with it. The Government believe that that is an appropriate level of scrutiny, and that the use of the negative resolution procedure for what are likely to be minor and technical amendments is also proportionate to the probable course of events. I hope that, having heard those assurances, my hon. Friend the Member for North East Somerset will be willing to withdraw his amendment.