I gave notice of my opposition to the Question that Clause 110 stand part, and I did so for probing purposes. I am still not clear that the Government are fulfilling the recommendations of the Delegated Powers Committee. I accept that the Minister addressed himself to the first report of the committee but I think I am right in saying that it is very unusual—it may never have happened before—that the Delegated Powers Committee has twice recommended to the Government that regulations should be subject to the affirmative procedure, and I should like clarification on that.
Clause 110 amends provisions which confer these powers to make regulations relating to the police. I listened to what the noble Lord said but I am not completely clear that the regulations will be subject to the affirmative procedure. In paragraph 5 of its report produced today, the Delegated Powers Committee said that,
“we remain of the view that, if the House considers it appropriate to transfer control of the content of the regulations to the College of Policing, the regulations should in all cases be subject to the affirmative procedure”.
I am still not sure whether that is the case. If I am right that the Government have made some regulations
subject to the affirmative procedure but not these, then that is a cause for some discussion and concern. If I am wrong, I apologise to the Committee.
Secondly, I seek some explanation of the wording that has already been referred to by the noble Lord. In new subsection (2ZA) introduced under Clause 110(1), paragraph (c) says that,
“it would for some other reason be wrong to do so”,
in relation to the Secretary of State’s right of veto. Therefore, the Secretary of State is giving with one hand and taking away with the other. My honourable friend David Hanson raised the same question in the House of Commons. It seems contradictory, and I should like the Minister to explain to the Committee why the Government reached that view.
I want to make one other point in relation to the noble Lord’s final remarks. He said that the College of Policing will be subject to further scrutiny concerning its fees and other matters, as well as its financial and commercial viability. I just want to ask how on earth the Minister thinks that being accountable to Parliament for one’s financial and commercial viability will work.