I am slightly more ambitious than the right hon. Gentleman, because I think that, in and of itself, clause 3—I hope Opposition Members will take note of this—is an argument for the existence of the House of Lords. I hope that their lordships will look at the clause and say, “That is simply not something we can pass into law as it is currently phrased.” The Government must accept amendments, and I hope their lordships will vote through amendments that clarify and set out in detail the powers that are desired.
Other than urgency, there are only two reasons for bringing forward extensive Henry VIII powers. One is that the issue is too complicated to determine. That is problematic, because if it is too complicated to determine for primary legislation, how can it be sufficiently set out in secondary legislation? That probably means that the secondary legislation in and of itself will not be well formed. This is where the Government’s interest—the Executive interest—and the legislature’s interest combine, because if the House passes good, well-constructed legislation, it is much less susceptible to judicial review. There is a Treasury Bench interest in good, well-crafted legislation, which, as I have been saying, this Bill is not. That is why the Government should be keen that the House of Lords, in the time available and with the help, I hope, of parliamentary counsel, will be able to specify the powers more closely.