Select Committee on Delegated Powers and Deregulation Thirty-Third Report



By the Select Committee appointed to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate degree of parliamentary scrutiny; to report on documents laid before Parliament under section 3(3) of the Deregulation and Contracting Out Act 1994 and on draft orders laid under section 1(4) of that Act; and to perform, in respect of such documents and orders, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments.



1. The Committee reported on this bill in its second report of this session,[1] when we referred to the Henry VIII powers in the bill but reported that there was nothing in the bill which the Committee wished to draw to the attention of the House.

2. The bill was amended in the Commons. The particularly helpful memorandum provided by the Home Office and printed in Annex 1 to this report outlines these changes and discusses the new delegated powers which have been added to the bill.

3. We draw attention to the fact that there are two Henry VIII powers in the new section 71 of the Race Relations Act 1976 substituted for the existing section by subsection (1) of the new clause to follow clause 1. Section 71(5) allows an order to amend the new Schedule 1A (the list of bodies and other persons subject to a general statutory duty under the bill) and section 71(6) allows an order under subsection (2) or (5) to make incidental, supplementary or consequential provision including amending or repealing provisions of the bill or any other enactment.

4. None of the new powers outlined in the memorandum raises issues which the Committee wishes to draw to the attention of the House.


5. The Committee reported on this bill in its 24th Report,[2] in which we made a number of substantive recommendations concerning the delegated powers. In our 26th[3] and 27th[4] reports we reported on Government amendments for Committee stage. With our 27th report we also printed an interim Government response to the Committee's 24th report on the bill and with our 31st report we printed a further Government response, in the form of a letter to the Committee by Lord Whitty.[5] In our 32nd report we reported on Government amendments to be considered by the House at Report stage.[6]

6. The Department of the Environment, Transport and the Regions yesterday produced for us a fourth supplementary memorandum dealing with a further amendment tabled by the Government for consideration at Report stage. This memorandum is printed in Annex 2 to this report. There is nothing in this Government amendment which the Committee wishes to draw to the attention of the House.


7. We reported on this bill in our 20th report of this session,[7] and on the Government's amendments for Report stage in our 30th report.[8] The Government has now[9] provided us with a further memorandum on the amendments which it intends to table for Third Reading. This memorandum is printed in Annex 3 to this report. The amendments have not yet been tabled, and it is possible that they may still be changed. But we understand that it is likely that any such changes would be small, and that the provisions on delegated powers would remain the same. The Committee considered them on that basis.

8. There is nothing in these proposed amendments which the Committee wishes to draw to the attention of the House.[10]

1  HL Paper 16. Back
2  HL Paper 86. Back
3  HL Paper 96. Back
4  HL Paper 100. Back
5  HL Paper 111. Back
6  HL Paper 114. Back
7  HL Paper 77. Back
8  HL Paper 107. Back
9  On 6 November. Back
10  This report is also published on the Internet at the House of Lords Select Committee Home Page (, where further information about the work of the Committee is also available. Back

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