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Baroness Noakes: My Lords, I thank the Minister for that response. I also thank him for saying that we have been co-operative, which I believe we have tried to be. Indeed, it is in that spirit that I approach these unusual provisions in Clause 256. The Minister said that this was the standard procedure for first orders. Actually, I think that it is the reverse of that procedure, because the procedure for first orders is often more extensive than the procedure for later orders. Almost all orders under social security legislation, for example, are for pensions and benefits. The first orders are the ones that have a special procedure. The later ones often have the negative procedure or a much lower level of procedure, so this procedure is unusual in that orders can be brought in quickly without prior parliamentary scrutiny.

As I say, we were happy with this to the extent that it was necessary to support the original introduction of the Bill, but I am much less than happy that the vast majority will not be brought in, which indicated that the list was an excessive taking of power by the Treasury. I note, however, that the person who exercises the

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power to make the order must be satisfied that it is necessary to exercise it without laying a draft for approval. I hope that the Minister will reflect with his colleagues that the exercise of that power should be used very judiciously. In the spirit with which we have allowed the Bill to make progress through your Lordships’ House, I beg leave to withdraw the amendment.

Amendment 116 withdrawn.

Amendment 117

Moved by Lord Davies of Oldham

117: Clause 256, page 132, line 5, at end insert “(in new terms)”

Amendment 117 agreed.

Report received.

House adjourned at 10.17 pm.

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