My Lords, I shall speak also to Amendment 35R. I will be mercifully brief on this group. In trying to express our support for the Government, saying less may be more.
The Bill says that the Minister,
“may issue guidance relating to regulations under this section”.
Proposing a change from “may” to “shall” enables us to debate the wider issue of guidance relating to small businesses and public procurement, and what should be included in the guidance.
Amendment 35R is in keeping with the recommendation from the Delegated Powers and Regulatory Reform Committee that regulations about procurement be subject to the affirmative procedure. We agree that in these matters delegation is appropriate as the powers are so wide and there is great potential for significant consequences, both negatively and positively. We also agree that on procurement matters in general it is entirely sensible to make regulations under Clause 38 subject to the affirmative procedure. The approach of not just this Committee and this House but the other place suggests that there is a great deal to be gained through the positive engagement of both Houses. I beg to move.