I was not aware of that, but I will let the statement speak for itself.
I will deal with new clauses 20 and 21 in more detail in due course, but let us explore new clause 19 further, because it provides a power to make provision in an order for the purpose of removing or reducing burdens—direct or indirect—that result from legislation. The definition of ““burden”” in new clause 19 would allow a Minister, by order, to remove or reduce burdens that take the form of a financial cost; an administrative inconvenience; an obstacle to efficiency, productivity or profitability; or a sanction, including criminal sanctions, for doing something or failing to do something in the course of an activity. That means that a Minister may propose by order to decriminalise offences or reduce or remove sanctions if they are no longer considered appropriate.
That definition of ““burden”” is deliberately broader than that in the Regulatory Reform Act 2001. That is because the definition of ““burden”” in the 2001 Act has proved too narrow in that it allows the removal of only a requirement, condition or restriction. As a result, the concept of ““burden”” in the 2001 Act is complex and difficult to apply. It puts a heavy and sometimes disproportionate burden of legal analysis on Departments. For instance, the regulatory reform orders under the 2001 Act cannot clarify or simplify legislation unless in so doing a narrowly defined legal burden is removed, reduced, re-enacted or imposed.
Legislative and Regulatory Reform Bill
Proceeding contribution from
Pat McFadden
(Labour)
in the House of Commons on Monday, 15 May 2006.
It occurred during Debate on bills on Legislative and Regulatory Reform Bill.
About this proceeding contribution
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446 c717 Session
2005-06Chamber / Committee
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