I would go so far as to say that the amendments tabled by the hon. Member for Cambridge and my hon. Friend the Member for Christchurch would improve the drafting of new clause 19, and I am therefore supportive of their efforts. However, I cannot argue with the fact that new clause 19 represents a major climbdown and a step in the right direction. I personally feel that it has saved parliamentary accountability in an important area. I am still unhappy with certain other areas of the Bill, however. For example, it confers far too wide a power in saying that the Law Commission may make a recommendation on any matter—even a highly controversial and important one—without any guarantee that it will be debated on the Floor of the House. I do not accept that. Similarly, the terms of the veto that have been offered are inadequate. However, new clause 19 is a step in the right direction. I hope that that explains my view to the hon. Gentleman.
I also welcome amendments Nos. 23 and 26, which will tighten the way in which the Law Commission’s recommendations are to be dealt with. I am still not satisfied with the overall arrangements for the Law Commission’s recommendations, but I welcome that tightening. We would certainly be prepared to look at the whole Law Commission issue with the Government. Previously, the House has always dealt with Law Commission recommendations using the Standing Orders of the House. Standing Orders Nos. 58 and 59 apply a fast track to consolidation measures, for example. I am not sure that that is not a better way of tackling Law Commission measures than what is proposed in the Bill. Unless we can find a way of allowing non-controversial Law Commission recommendations to pass, while ensuing that controversial ones are properly debated, I shall be unhappy with new clause 21. That is just a warning, however, because we have not reached that new clause yet.
New clause 9 is an important proposal, and I look forward to hearing the Government’s views on it when the Minister winds up the debate. We believe that it is necessary to consider the needs of small businesses separately when measures of deregulation are proposed. There is already a plethora of examples of that happening, including exemptions in different categories involving businesses with fewer than five, 10 or 15 employees, and so on. Some exemptions apply when a business’s rateable value is below a certain point, or when its turnover is lower than a certain amount. There is also a range of regulations providing different kinds of exemptions for small businesses.
When considering the regulatory regime for business, there is a strong case for requiring the appropriate Minister to consider whether the proposed regulation will be appropriate for small businesses. There is wide support for that requirement in the business community, even among large businesses. For example, the Institute of Directors believes that, on balance, there is a case for applying small firm exemptions. In its report on the subject, it said:"““The burden of regulations often has a disproportionate impact on SMEs because they lack both the resources and the staff to deal with them…Exemptions…should be determined on a case by case basis. Small businesses have flourished in the USA partly as a consequence of this approach.””"
What we are talking about is allowing Government the choice to impose a regulatory burden on big business, which might be appropriate, and to decide that it would not be appropriate for small business.
Legislative and Regulatory Reform Bill
Proceeding contribution from
Oliver Heald
(Conservative)
in the House of Commons on Monday, 15 May 2006.
It occurred during Debate on bills on Legislative and Regulatory Reform Bill.
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