My Lords, I shall speak to government Amendments 14E, 14G and 15E. This group also includes Amendment 14F in the name of my noble friends Lady Hamwee, Lady Brinton, Lady Sharp and Lady Williams.
During our debates here and in those in another place there have been calls for the guidance that can be issued by the Secretary of State to specified authorities, which are required to have regard to it when exercising the Prevent duty, to be subject to further parliamentary scrutiny. The Government have argued that such scrutiny is not common in these circumstances. It has also been our position that, in any case, the full public consultation which has been ongoing would suffice to ensure that the resulting document was fit for purpose. As I remarked in Committee, the Delegated Powers and Regulatory Reform Committee, the experts in such matters, appears to have drawn the same conclusion.
However, I have been clear throughout your Lordships’ consideration of the Bill that we are keen to listen to the House. We recognise the strength of feeling that has been expressed on this issue, as well as the various comments which have been made about the draft
guidance document that was put out for consultation. The noble Baroness, Lady Smith, has been particularly passionate in her calls for further scrutiny, and I pay credit to her determination on this matter.
The Government have therefore tabled two amendments which provide for parliamentary scrutiny of the draft guidance. Amendment 14E provides that guidance issued by the Secretary of State under Clause 28 will take effect on the day mentioned in regulations and that those regulations must be approved under the affirmative procedure. Amendment 14G provides that any subsequent revision of the guidance will also need to be approved in the same way by both Houses.
My noble friends have tabled Amendment 14F, which would have an effect similar to that of the Government’s amendments. I trust that the government amendments have provided them with the necessary comfort and reassurance and that they will feel inclined not to move their amendment.
Finally, I turn to Amendment 15E. This is a minor drafting change to remove the word “Assembly” from the term “Welsh Assembly Government”, to produce the correct term for that body, which is “Welsh Government”. This anticipates a change to be made by the Wales Act 2014, which will come into force on 17 February.
I would also like to take this opportunity to inform the House that it is likely that we will table some minor and technical amendments of this type for Third Reading, and possibly one in relation to commencement with the effect that Clause 28 would come into force on Royal Assent. This would enable Parliament to scrutinise the guidance as soon as possible. If required, we will table these further amendments as soon as possible, and I will keep noble Lords informed. I beg to move.
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