My Lords, I congratulate my noble friend Lord Sharpe on his appointment. I support his Amendment 1 and apologise for not having had the opportunity to be present at Second Reading, but I am a member of the Delegated Powers Committee and thought that I would make a few points that arise from our report.
I join my noble friend Lord Jackson in thanking the Minister warmly for the courtesy that he has shown us and the time that he has spared us over the past few weeks. When the Minister came to the Select Committee,
I got the short—or long—straw and was given the questions to ask about European alignment or divergence, so I went back over the Second Reading debate. I have no intention of repeating the arguments there but, essentially, I saw that my noble friends Lord Jackson of Peterborough, Lady Lawlor and Lord Frost all suggested that the Government had a policy of alignment, while it was suggested by some on the Government Benches and Cross Benches that it would be better to have a policy of alignment rather than one of divergence.
I note in passing that UK in a Changing Europe has now produced a report which suggests that the Government are moving towards some form of alignment. If I heard the noble Lord, Lord Livermore, correctly in the Chamber during Oral Questions, that seemed to be the general flavour of his answers. My concern is not to get into the policy issue. It is simply to make the point that the Minister may be correct that the Government have no intention of having a policy of either alignment or divergence, but will simply take each regulatory decision as it comes. Even so, Ministers and policy can change.
What we have run across here is, as my noble friend Lord Jackson said, a gap in scrutiny that has arisen since we left the European Union and now that Bill Cash’s committee in the Commons, which used to examine European legislation, is no longer present. I say this in no spirit of party-political animus. After all, my party has been in government for a period since Brexit and has not corrected the position, but the Government now in office have a chance to correct it.
It might be worth quoting, as I close, what the committee said in conclusion about the powers that the Government propose to take under the Bill. It said boldly:
“In our view, the delegation to Ministers of law-making powers in this Bill involves legislative power shifting to an unacceptable extent from the democratically appointed legislature to the Executive”.
We need some form of being able to scrutinise the decisions that a whole series of regulations may make, as well as to debate and decide whether they represent a policy of alignment or divergence, and to probe the matter. The solutions may lie in the ideas floated by the noble Lord, Lord Anderson, a few moments ago or elsewhere, but there clearly is a gap. The committee has been concerned about similar gaps in legislation ever since it produced its Democracy Denied? report in 2021.