Before the noble Baroness, Lady Hayter, responds, forgive me, but I am not sure I have entirely grasped this. Are the Government going to have another look at Clause 7(3)? In the other place, the Government changed Clause 7(2) so that instead of saying that deficiencies “included” but were “not limited to” those in a list, it now says “the deficiencies are” the list. However, Clause 7(3) adds, “Oh, but by the way, we can do things ‘similar’ to those in the list”. The Minister has not explained why the Government cannot lengthen the list to obviate the need for a provision that says Ministers can do “similar” things. That is why I say the Government are giving with one hand, in Clause 7(2), but then coming back with Clause 7(3) and saying, “Oh well, we’ve limited ourselves there, but we’re going to expand our powers here”.
The noble Baroness referred to these changes being passed without a Division, but a bloc of five or six government amendments was voted on in one Division. I am not aware that in the other place they really distinguished between the amendments, because the one tightening this up was lumped in with the one expanding it. I do not know whether I am being overly cynical here, but it seems to me that a fairly clever government operation in the other place gave with one hand and took with another. I would like an assurance that the Government will have another look at this.
9.30 pm