My Lords, like others, I begin by expressing my admiration for the stamina, professionalism and tolerance which the noble Lord, Lord Gardiner, has displayed throughout these extensive proceedings. I am similarly appreciative of the efforts of the staff of all kinds who have ensured that this marathon Committee has, at last—but not quite—come to an end. I would also like to adopt —as the lawyers say, brevitatis causa—the most erudite analysis pronounced by the noble Lord, Lord Thomas of Gresford, on the history of Henry VIII powers, getting up to date with a reference from the noble and learned Lord, Lord Judge, who I shall say a word or two about in a moment.
Henry VIII powers, when they are made, are almost always in the interests of the Government, not the public. With a framework Bill, together with the authority
to use Henry VIII powers for repealing certain statutory provisions, this Government could easily create for themselves a blank canvas upon which to make detailed provision, which to a large extent would be sidestepping Parliament. That surely cannot be right.
Let me finish by issuing a recommendation to noble Lords. The noble and learned Lord, Lord Judge, in a lecture in April 2016, conducted an analysis rather similar to that of the noble Lord, Lord Thomas. He finished by saying
“what was once a small stream of delegated legislation … has become an inundation.”
Amendment 295 will not necessarily stem the tide, but it may slow down the flow to a certain extent.