My Lords, I share the concerns expressed by the noble Baroness, Lady Hamwee, in relation to Clause 62. In particular, will the Minister give the Committee an assurance that there will be transparency as to what proportion of the fees will relate to,
“the costs of exercising the function”,
and what proportion will address other matters? It is very important that the public and both Houses of Parliament know the breakdown of the fees in that respect.
I am concerned also about Clause 66(3), which is the subject of the probing amendment in the name of the noble Baroness, Lady Smith of Basildon, and relates to “Transitional and consequential provision”. I agree with the comments of the Delegated Powers Committee that it would be highly desirable to make clear in the Bill that this power is intended to cover only existing legislation and not to give a power to amend, repeal or revoke future enactments. I am sure that that cannot have been the intention but it is highly desirable that this should be clarified.
I do not think that there is any risk, which the Delegated Powers Committee was concerned about, that Clause 66(3) could be interpreted to allow for amendment of this legislation. As I understand it, it is linked to Clause 66(2). It allows an amendment to repeal or revoke,
“in consequence of this Act”.
It seems to me that to amend this legislation could not be in consequence of this Act. But if it is the Government’s intention to confer a power by Clause 66(3) to amend this legislation, please will the Minister say so.