My Lords, I thank the noble Lord, Lord Marks, for suggesting in Amendment 32 an approach to the important issue of appropriate levels of parliamentary scrutiny, and for clarifying that this is a probing amendment. The Government clearly recognise the importance of appropriate levels of scrutiny in this Bill and the secondary legislation made under it. Obviously, the hallmark of an effective and responsible parliamentary system is the process by which we draft, consider and test legislation.
During this debate, I have listened very carefully to your Lordships and the views expressed on the affirmative resolution procedure. This is an interesting proposal by which we could consider draft legislation. While the Government support the spirit of the amendment and agree that appropriate scrutiny is important, we have questions about this approach.
It is vital that we can make regulations that allow us to respond appropriately to a variety of possible scenarios arising from not just the UK’s exit from the EU but any situation where we would need to implement regulations, where this Bill might be needed quickly and where it is required for a comprehensive international agreement. Such an approach for scrutiny would, we believe, increase the time taken to develop and lay regulations, and this may have quite a significant negative impact on our ability to bring forth timely regulations to provide healthcare arrangements to support hundreds of thousands of individuals who rely on these provisions—perhaps in a case which may be considered an emergency.
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We are also conscious of the Constitution Committee’s report on delegated powers, which indicated that the use of different scrutiny procedures for statutory instruments can add unnecessary complexity. Where possible, the Government have agreed to use the existing model of the enhanced affirmative procedure rather than creating a new variation.
However, I recognise the experience and intentions of the noble Lord, and the concern of the House, and so I would like to make an offer to discuss, in advance of Report, the issue of scrutiny of the regulation-making powers in the Bill—on the general point, not relating
to this particular amendment. I thank the noble Lord, Lord Marks, for raising this vital issue, but I hope that, after reflection, he will feel that he is able to withdraw the amendment.