Local Government and Public Involvement in Health Bill

moved Amendment No. 225ZA: 225ZA: Clause 130, page 88, leave out lines 16 and 17 The noble Lord said: This amendment is designed simply to probe the classes of by-laws to which the Secretary of State might choose not to apply the new autonomy provisions of Clause 130. The Secretary of State can devolve the power to make by-laws in some cases, but not in others. I hope the Minister can provide an explanation of what constrictions we may expect on the devolution of by-laws. It would be a great shame, and I know that local authorities around the country would be bitterly disappointed, if the great shining promise of devolved by-law-making powers were to be strangled at birth. The other amendment seeks to probe the meaning of subsection (2)(c) of the proposed new Section inserted by Clause 130. Paragraph (c) seems to constrict the by-laws that local authorities can make, even when the power to make laws has been passed to them, because the Secretary of State will be able to determine what is defined as a subject matter. Does this mean that the subject matter of every by-law is the Secretary of State’s concern, and if so, to what extent? If this is a prescriptive back-door power then there is every reason not to include it in the Bill. Even if this is not the case, the subject matter of by-laws should be up to local authorities—if ““subject matter”” is not too wide a term. Should this paragraph not indicate more strongly that it refers to the framework rather than the substance? I beg to move.