Enterprise and Regulatory Reform Bill
Debate between Lord Lucas and Lord Morris of Aberavon
Lord Lucas
My Lords, I am concerned that the words,
“with functions relating to the carrying on of an industry”,
may introduce a lacuna into this amendment. I am not at all sure that we are dealing with an industry now, and I am certainly not at all sure that what we will have in a few years’ time can be described as an industry. The press function in society is undergoing radical changes and may well emerge in a completely different form. The royal charter, as we have it at the moment, seems to anticipate that. So I wonder why we have those words in there. It merely allows someone to argue that this thing that we are regulating is not actually an industry, it is an activity. I cannot see why those words add anything or are necessary. It seems to me that they make this amendment vulnerable to a Government sidestepping it by just saying that it does not apply because it is not an industry.
I am grateful for the advice of the clerks that I do not need to pursue this by means of a manuscript amendment to a manuscript amendment. This being a subject that has been introduced for the first time at Report, we are allowed to pursue amendments at Third Reading. At the moment, I certainly intend to take that course.
Lord Morris of Aberavon
My Lords, I add my concerns to those just expressed regarding the requirement of a two-thirds majority in both Houses. I was a little baffled when I read this for the first time. Perhaps we could have an explanation of how it will work in practice. Our understanding, gained from student days, is that no Parliament can bind its successor. If another Parliament, by a simple Act of Parliament—in Churchillian terms, by a majority of one—deletes this provision, then this cannot stand.
I am sure that greater minds than mine have considered the matter and that we can have an explanation, but the House deserves one on this point of how it will work in practice, given past practice that you cannot bind a successor Parliament.