I speak to Amendment 285AA, which refers to Clause 123. It is by way of a probing amendment, and I would have explained to the noble Lord, Lord Moylan, had he been here, that the missing quarter last time was about how probing or speculative it was. I make no secret of the fact that mine is a probing amendment. The first few lines of Clause 123 were the red flag that made me put down this amendment. It reads:
“The Secretary of State may by regulations make such amendments and modifications of the relevant enactments as in the Secretary of State’s opinion facilitate, or are otherwise desirable”.
There follows a long list of things to which the Secretary of State may, if in their opinion it is useful, make changes. It is another clause with very wide-ranging powers given to the Secretary of State, and the purpose of giving them to the Secretary of State is not at all transparent.
What is perhaps relevant, and is certainly the reason for tabling the amendment, is that subsection (7) contains some exceptions. It reads:
“Regulation under this section must not make any provision which is within”—
Scotland, Wales or Northern Ireland,
“unless that provision is a restatement of provision or is merely incidental”
and so on. It is a clause with wide-ranging powers which do not apply in Scotland, Wales or Northern Ireland, unless, again, the Secretary of State has the opinion that they are a restatement or merely incidental.
My amendment removes the exceptions to that, so there is proper devolution to the three national legislative bodies in those three nations, and adds a fourth exception to the application of the clause, which is for combined mayoral authorities. I could have added a whole lot more as well, but the amendment is in the spirit of devolution and making sure that we do not allocate to the Secretary of State powers which are not needed and which, in the hands of a different Secretary of State, might be abused or misused and might have unforeseen bad consequences.
I want to hear in clear terms from the Minister: why we need the clause at all; why it has to be in such wide-ranging terms; and, with regard to the exceptions for the three national Administrations, why even within that, there is an exception built in which allows him or her to impose powers. Why does he not take the opportunity to make devolution in England mean something more substantial by saying that, in combined mayoral authorities, such powers as may be needed in Clause 123 may be exercised within that authority and not simply cascaded down from Whitehall?
I see that the noble Lord, Lord Carrington, has given notice of his intention that the clause do not stand part of the Bill, and I would say that that is very much of a piece with my amendment. We have here a clause which is neither necessary nor useful and absolutely not contributing to levelling up in any way. I beg to move.