I am grateful for this opportunity to speak to this little group, which is intended as probing amendments that look to the power to update and the transitional part of the Bill.
The aim of Clause 16 is to provide that the national authority will have the power to update by regulations
“any secondary retained EU law, or … any provision made by virtue of section 12, 13 or 15 … to take account of … changes in technology, or … developments in scientific understanding.”
I am honing in on whether Clause 16 should stand part because I believe that the reasons for updating these regulations should also reflect other conditions, such as changes in society or economics. The rationale for making amendments in Clause 16, as currently drafted, is unduly narrow. I therefore urge the Government to consult on this clause and rethink this provision to reflect the wide scope of changes that would necessitate amendment of the law in future.
I take this opportunity to ask my noble friend, when she comes to sum up this small group, what the consultation was on this clause prior to the drafting of the Bill. I would like to understand further the thinking behind why this clause is currently so narrowly drafted.
In turning to Amendments 133 and 134, I raise a request yet again—I think this is my third or fourth attempt. It goes to the heart of not just amendments in my name but of others in the names of the noble Baroness, Lady Humphreys, and the noble and learned Lord, Lord Hope. I have still not heard an answer from any noble friend to the question: what is the Government’s view of the Scottish Parliament’s decision to withhold consent? It is vital that we get an answer to that question before we leave Committee, which is at the end of today. My noble friend Lady Bloomfield said to me that I would have an answer. This is the last possible moment for me to get an answer to that question, and I think it very important. It relates not just to Clauses 16 and 19 but to other clauses that have been extremely contentious and led to fairly lengthy debates. I hope my noble friend Lady Neville-Rolfe will respond on that vital question.
Amendment 133 would replace “appropriate” with “necessary”. As currently drafted, Clause 19(1) provides that:
“A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.”
Given that Clause 19(2) allows such regulations to amend any Act, including this Bill, it is my view—and that of the Law Society of Scotland, which helped me draft this small group—that the Minister should be permitted to amend those regulations only where it is necessary to do so. This applies a more objective standard to the amendment of the regulations. If my noble friend is not minded to support my amendment to replace “appropriate” with “necessary”, can she explain in which circumstances the Government would consider the provision to be appropriate for the purposes of Clause 19(1) and (2)?
Amendment 134 would require a Minister of the Crown to consult the other relevant national authorities and interested persons before making regulations under Clause 19. In particular, Clause 19(1) has been identified as providing a Henry VIII power that empowers a Minister of the Crown by regulation to make such provision as the Minister considers appropriate in consequence of this Act. Given that Clause 19(2) would allow such regulations to amend any Act, including this Bill, it is the view of the Law Society of Scotland that the Minister should be required to consult the bodies referred to—the devolved Administrations. I share that view.
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My final question to my noble friend the Minister on this is: why should these powers that apply, under the Bill as currently drafted, to the Minister of the Crown not also be extended to Scottish and Welsh Ministers, and indeed devolved Ministers in the Northern Ireland Assembly where that is the case? I am struggling to understand why this power has been reserved exclusively in Clause 19 to a Minister of the Crown. Again, this goes to arguments that have been rehearsed on other groups, including very eloquently by the noble Baroness, Lady Humphreys, about why the Minister of the Crown is put on a pedestal over and above Ministers of the devolved Administrations. I believe it is a hostage to fortune that the Government do not have regard to the fact that these powers should be exercised equally by Ministers of those devolved Administrations. With those few remarks, I beg to move.