My Lords, I support these two amendments, but they are not even contesting the making of regulations or asking for substance or content; they just require a process for making the regulations. As my noble friend Lord Purvis said in the debate on the previous group, there is nothing in the Bill on consultation. Assuming that Clause 9 remains—which we hope it does not—this amendment is trying to put some meat on the bones that should probably already exist. The Government said in the delegated powers memorandum that the regulations under this clause would
“need to reflect the results of consultation with businesses”.
The problem is that this clause provides for no such consultation. Our Delegated Powers Committee commented:
“This is the frankest admission by the Government that policy is so embryonic that it has not yet been consulted on.”
The committee’s comment on Clause 5 is also pertinent and relevant:
“Ministers are said to need flexibility, but the reality is that policy has not yet been formulated … the Government could have formulated their policy, consulted on it, refined it (if necessary) and then brought forward legislation with the details filled in. This would have facilitated meaningful parliamentary debate.”
Yet, the Delegated Powers Committee went on,
“Parliament is being presented with a major Bill on the subject. Legislation has preceded policy development rather than vice versa”.
I think I may be repeating what my noble friend has already quoted.
Amendment 15 therefore contains reasonable and sensible conditions for a draft of any proposed SI—for a report on consultations with business and an economic assessment to be laid. I suggest that the Government will, or ought to, have some difficulty in finding arguments to resist these amendments.
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