Enterprise and Regulatory Reform Bill

Lord Deben Excerpts

Monday 14th January 2013 Grand Committee

[Lord Deben]

My Lords, I support the tenor of these amendments and wish to say how strongly I support this part of the Bill. I have no direct interest in it because the companies with which I am associated do not tend to go across the county border in quite the way in which it might affect them. However, if I do have an interest I will declare it.

The issue I want to raise is that this has been a very successful extension of a system that was in operation even before the previous Government. Other examples included how the supermarkets were able to have a lead council that would help them to get the basis upon which they would apply elsewhere, so this has been a growing piece of work. I was pleased to hear the noble Lord put forward his support for this system because it really makes a difference and is not a way of avoiding anything. It is merely a way of ensuring that there is a continuity and consistency in the implementation of law. It also enables companies that want to do the right thing to do it and then not find that they are asked to do something different somewhere else in the country. I think all of us, right across the board, have found embarrassing situations in which in one place you are asked to do the opposite of what you have been asked to do next door in a particular kitchen or over a particular kind of presentation.

This is an extremely important change, which was amplified by the previous Government and is being amplified here. I, too, would like to hear from the Minister whether this is the beginning of a continuous process and whether it will be much deeper than it is in the Bill. Can we hope that more and more areas will be covered, not in a way that reduces the efficacy of regulation but one which increases its efficiency? It is not that I want people to get away with anything; I just want people to know where they are, wherever they are. This amendment points to that and I hope that the Minister will be able to help us see this as a continuing and growing trend in government regulation.

[Lord Curry of Kirkharle]

My Lords, I declare an interest in that I chair the Better Regulation Executive, which was very much part of recommending these changes. I am delighted that the noble Lord, Lord McKenzie, recognises the value of the scheme and I pay tribute to the previous Government for having introduced it because it is a valuable tool and has reduced significantly the burden on businesses that have participated in it. My concern about the proposed amendment is the definition of “to a material extent”. It will create a lot of debate and potential confusion around how one defines “material extent”. The trade associations that have been consulted and would be keen to participate in this scheme have members who all have a common interest. I see this as providing a real opportunity to take a significant regulatory burden away from businesses that are members of a trade association and would wish to participate in such a scheme, so I have a problem with Amendment 28ZDA.

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[Lord McKenzie of Luton]

My Lords, we are happy to support these amendments. They seek to remove a very extensive power which could draw a wide range of circumstances into the ambit of duties which cease to be actionable. As the Delegated Powers Committee put it, there is no discernible policy objective to the inclusion of the proposed new Section 47(2B). The scope could be incredibly wide: any provisions of any enactment which link to any matter relevant to any of the general purposes of the 1974 Act—that is the Health and Safety at Work etc. Act. The Delegated Powers Committee has pointed to just one example: the control and keeping of dangerous substances. It is therefore absolutely right that the Government have backed off on this; they are very wise to do so. It is illustrative of a dangerous desire to accumulate draconian powers, but I am pleased that the Government have stepped back from that on this occasion.

[Lord Deben]

I welcome this, and ask the Minister to carry back the message that it is extremely valuable for people to listen to the advice given by committees. He may be involved in the forthcoming Bill which is entirely incorrectly called the Growth and Infrastructure Bill, in which there are some very uncooked suggestions. It would be of great help to the Committee were he to give an assurance that he will do his best to make sure that the Government listen with the same care to some of the suggestions that come from other committees as they appear to have done on this occasion in listening to the specialist committee that has advised this particular action.

[Viscount Younger of Leckie]

First, I thank the noble Lord, Lord McKenzie, for his support in this respect. I also take note of the comments that have been made by my noble friend Lord Deben.