My Lords, Amendment 44, in the name of my noble friend Lady Chapman of Darlington, concerns Henry VIII powers and general rules regarding regulations. This amendment removes the ability for regulations under the Bill to make changes that could normally be made only by an Act of Parliament, including modifying this Bill. I also support the clause stand part notice in the name of the noble Lord, Lord Purvis, which seeks to oppose the inclusion of Clause 22, which sets out the general scope and nature of the powers contained in this Bill.
Clause 22(1) has the effect of making every regulation-making power in the Bill what the DPRRC has referred to as
“a super Henry VIII power.”
Ministers would be able to make any provision that would normally be made by an Act of Parliament, as well as modifying the Bill once enacted. The DPRRC’s report included a helpful comparison with the powers afforded by the European Union (Withdrawal) Act. It felt those powers were too broad, yet Section 8 of that Act was subject to a sunset clause and a number of clear and important restrictions.
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As has been discussed in previous groups, the Bill would allow Ministers to conduct themselves in a manner that may otherwise be deemed unlawful, while at the same time allowing the Treasury to introduce or amend taxes with only a minimal parliamentary role. In some senses, the removal of Clause 22(1) would constrain the powers exercisable under other parts of the Act, but that constraint is nowhere near sufficient in and of itself.
This brings us back to the prospect of removing entire clauses from the Bill on Report, should we even be in a position to proceed at the appropriate time. So, these amendments in a sense restate some of the arguments we had at earlier stages and I look forward to the Minister’s response.