Small Business, Enterprise and Employment Bill

Lord Newby Excerpts

Tuesday 17th March 2015 Lords Chamber

Moved by

[Lord Newby]

10: Clause 156, page 149, line 47, at end insert—
“( ) The first regulations under section 154(1)—
(a) if made by the Treasury, are subject to affirmative resolution procedure;(b) if made by the Scottish Ministers, are subject to the affirmative procedure.”

[Lord Newby (LD)]

My Lords, Amendments 10 and 11 relate to the public sector exit payment provisions and deliver the commitment I made on Report to make these powers subject to the affirmative procedure on their first use. This was in light of a further report by the Delegated Powers and Regulatory Reform Committee and we are grateful for the committee’s scrutiny of the Bill.

This first use will be the substantive one to establish the exit payment recovery regime. The regulations will contain full details of the government subsectors, the types of exit payments included, the circumstances in which recovery is mandated and the amount to be recovered. They will also set out the duties upon the persons and employers involved to retain and communicate information and facilitate the repayment.

Amendment 11 allows for changes to this first set of regulations to be made by the negative resolution procedure. These subsequent regulations will contain the minor and technical changes which will be aimed solely at ensuring that the regime remains up to date and fit for purpose. For example, changes will be required to reflect any new public body that is created or closed. I beg to move.

[Lord Stevenson of Balmacara]

My Lords, this is very much a technical issue. The amendment responds to the recommendations by the DPRR Committee and satisfies in full that committee’s concerns. When the Minister introduced the amendment just a few seconds ago, he did not refer to the supplementary memorandum by BIS which was circulated recently by the committee relating to whether or not the Delegated Powers and Regulatory Reform Committee had in some way impinged on the powers of the Scottish Parliament on this matter. Can he add a few words just to make sure that the record is clear on that?

[Lord Newby]

I am afraid I will have to write to the noble Lord.

Amendment 10 agreed.

Moved by

[Lord Newby]

11: Clause 156, page 150, line 1, at beginning insert “Any other”