Merchant Shipping Pollution Bill [HL]

moved Amendment No. 2: "Page 1, line 13, leave out paragraph (b)." The noble Lord said: Again I want to make it quite clear that this is a probing amendment which attempts to tease out a little more information on how subsection (2)(b) is to work in practice. We are told that paragraph (b) would create a power to make subordinate legislation or to provide for the delegation of functions that could be exercised under an Order in Council along the lines we talked about just now. Such an order could therefore contain provision to make further legislative instruments or administrative arrangements. We are told that such a power is necessary to implement the procedure in Article 24 of the Supplementary Fund Protocol and would allow for increases to be made to the limits of liability or compensation as set out in each instrument without the need to revise or amend the instrument in question. I have just one or two questions on this issue. There is a general point to make here in that is there not a danger that, in passing this legislation, once it leaves Parliament it could be changed or altered without any further scrutiny or consideration whatever? What mechanisms are in place to ensure that Parliament is informed of any changes subsequently made under the order? What rights of appeal or redress are in place? Furthermore, the Explanatory Notes are slightly restrained in their explanation of the paragraph. Indeed, the wording states that an order may make such provision in regard to,"““any international agreement relating to . . . oil pollution . . . which modifies, or replaces the whole or any part of the Liability Convention, the Fund Convention or the Supplementary Fund Protocol””." That is something of a mouthful, but I hope it is clear. It seems to go rather wider than the ability to change the limits of liability or compensation as set out in each instrument. I would be grateful if the Minister could comment on this aspect. Could this power be used in other cases not simply involving a change in the level of compensation or liability affecting the three strands of the existing compensation system? Finally, can the Minister tell us how often the limits of liability and compensation are likely to be changed; in short, how often is the power as set out in this paragraph likely to be used? I beg to move.