Lead member
Baroness Ludford
Liberal Democrat, Life peer
Lords
Decision
Not moved
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Amendment text
After Clause 16
insert the following new Clause—
“Conditions on the exercise of powers under sections 15 and 16
(1)
A national authority may not exercise powers under section 15 or 16 unless the following conditions are met.
(2)
The first condition is that the relevant national authority has consulted such organisations as appear to it to be representative of interests substantially affected by its proposal, and any such other persons as it considers appropriate, on a draft of those regulations.
(3)
The second condition is that the national authority has, after that consultation has concluded and after considering any representations made to it, laid a draft of the regulations before each House of Parliament (or, as the case may be, the Scottish Parliament, Senedd Cymru or Northern Ireland Assembly), together with a report setting out, with reasons, the authority’s view as to the likely advantages and disadvantages of making those regulations, setting out in particular—
(a)
a summary of the objectives and effect of those regulations as compared to the instrument that they will revoke, replace or modify,
(b)
any difference as between that instrument and the proposed regulations in terms of protections for consumers, workers, businesses, the environment, or animal welfare,
(c)
any benefits which are expected to flow from the revocation or replacement of that instrument,
(d)
the consultation undertaken as required by subsection (2),
(e)
any representations received as a result of that consultation,
(f)
the reason why the national authority considers that it is appropriate to make those regulations, having considered those representations,
(g)
the reasons why the national authority considers that section 15(5) (overall reduction in burdens) does not preclude the making of the regulations, explaining what burdens are reduced or increased as a result of the making of the regulations,
(h)
the compatibility of the revocation, modification, or replacement of that instrument with obligations in the Trade and Cooperation Agreement between the United Kingdom and the EU, and the likely effect on UK exports of goods or services to the European Economic Area, and
(i)
the likely effect of the revocation, modification, or replacement of that instrument on the operation of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
(4)
The third condition is that a period of 60 days has passed since those draft regulations or that report were laid as required by subsection (3) with no account to be taken of any time during which Parliament (or, as the case may be, the Scottish Parliament, Senedd Cymru or Northern Ireland Assembly) is dissolved or prorogued or during which either House or that body is adjourned for more than four days, and where they were laid before Parliament, paragraph 8(11)(a) of Schedule 3 applies in determining the commencement of that period.
(5)
The fourth condition is that the national authority has considered any representations made during the period provided for by subsection (4) and, in particular, any resolution or report of, or of any committee of, either House of Parliament (or, as the case may be of the Scottish Parliament, Senedd Cymru or Northern Ireland Assembly) with regard to the proposals, and has published its reasons for accepting or rejecting any such representations, resolution, or report.”
Member's explanatory statement
This new Clause requires the relevant national authorities to consult with key stakeholders on proposed regulations revoking or replacing REUL, and to show Parliament their assessment of the impact of the changes.