Hansard

I again take the opportunity to thank the minister and his officials for working constructively with me to reach the stage at which I believe that we will have an amended bill that should meet both our broad aims.

I have little to add to what the minister said about the two amendments. They are technical in nature and aim to provide greater clarity and certainty about the subordinate legislation powers that are set out in section 2. Amendment 1 relates to the power to modify the exceptions and clarifies that the term “modify” covers adding to, removing or amending the exceptions in section 2(1). I am happy to support amendment 1.

Amendment 2 seeks to extend the scope of the regulation-making powers in section 2(3) to allow any such regulations to include transitional, transitory or saving provision. I think that there is an issue about the situation before the bill is passed and once it has been passed, which the minister might clarify.

Under the bill as it stands, a transitional, transitory or saving provision could be made only as part of a commencement order under section 5(4). That is fine if a change to the list of exceptions were to be made before the bill as a whole comes into force, but there might also be a need for a transitional, transitory or saving provision if the exceptions are modified at a later stage, once the bill as enacted is fully in force and the power to make commencement orders is no longer available. Amendment 2 therefore covers an important gap.

I have always considered it important to ensure that the legislation can be developed over the longer term. I hope that at some point in the future, as the legislation beds in and proves its worth, it will be possible to reduce the number of exceptions, so it is important that ministers have sufficient flexibility and power to modify the exceptions whenever the need for such changes arises.