My Lords, I shall speak also to my other amendment in the group, Amendment 265. They both relate to Clause 40, which concerns powers for the Secretary of State to make regulations for securing compliance with the WTO Agreement on Agriculture. As presently drafted, there is no requirement in the Bill for the Secretary of State to consult any parties prior to making regulations under this clause. The amendment would impose a requirement on the Secretary of State to consult relevant stakeholders if making such regulations.
As I and many others have highlighted in respect of this Bill—we have heard it earlier today and I have argued for it frequently in my parliamentary career in both Houses—it is important that we provide an additional layer of scrutiny of government action from the stakeholders who have a direct interest and relevant responsibility, and of course agriculture is devolved. Such a requirement to consult included in the regulations under this clause would help to ensure openness and transparency from government, and it might also provide exposure to critical comment from stakeholders which could improve the instrument.
Amendment 265 would remove powers in the Bill for the Secretary of State to confer and delegate functions. In the clause as it stands, it is not clear why it is necessary for the Secretary of State to have these powers. It is not clear to whom it is intended that such functions would be conferred or delegated, or who would require to exercise a discretion for what purpose. The provisions are therefore too vague. In addition, subsection (3)(c) seems to attempt to grant unlimited scope for exercise of this discretion. The amendment would remove these powers in the Bill to confer and delegate functions and to exercise discretion by removing subsection (3).
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Civil servants already have any necessary powers to undertake functions on behalf of a Minister. If the Government consider that the powers contained in Clause 40(3) are required to allow conferral or delegation of functions to individuals or bodies other than a
government official—maybe they are thinking of a special adviser—or for functions to be conferred or delegated for a particular purpose, an explanation should be provided of the intended use of the powers. The relevant individuals and organisations or the particular circumstances for which the powers are required should be set out in detail in the Bill to ensure that the powers are necessary and appropriate, and to ensure that the exercise of those powers may be properly scrutinised and that those to whom the powers are given may also be held to account. I beg to move Amendment 264.