My Lords, at the risk of contributing to this lordly love-in, I want to refer to an additional reason why I very much welcome the statement made by the noble Lord, Lord Bridges, about the opportunity to think again between now and Third Reading. Clause 14 relies hugely on secondary legislation—on regulations—including new subsection (3), which would have been the subject of government Amendment 21A. As we all too often recognise in this House, the devil is in the detail, and that is particularly so in this Bill.
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I draw the Minister’s attention and that of the noble Baroness to the letter she sent to the Delegated Powers and Regulatory Reform Committee, on which I serve, on 2 February, in which she said:
“I will also be making draft regulations available during the passage of the Bill”.
To my knowledge—I may have missed it—we certainly do not have a comprehensive list of the draft regulations. I very much hope that between now and Third Reading we may see those draft regulations in fulfilment of that promise.
While I am on this point, I note also that the Minister just referred to Clause 12, which raises a similar issue, which he said he would address between now and Third Reading. Clause 12, as he and the noble Baroness will recall, caused some controversy in
Committee in your Lordships’ House and raises similar issues, to which the Minister referred in his original contribution this afternoon. In Clauses 12 and 14 there is a variation of process between the affirmative and negative procedures. Even if it is not possible this afternoon, I hope the Minister or his noble friend will explain to the House why there is variation between the two clauses, which would otherwise seem very similar. As noble Lords will recognise, this matter is extremely important to the House because it gives us that wider opportunity, when the time comes, to challenge, question and debate the exact nature of the regulations.
The Bill, like many in the current Session, is seen as one for which regulations are unduly important. They have been, to some extent, skeletal Bills. Therefore, I hope the Minister will be able to indicate this afternoon that between now and Third Reading we will see those draft regulations. In the mean time, if he cannot explain the difference in process between Clauses 12 and 14, perhaps he could make a note that we will need that explanation at Third Reading.