Lord Coaker (Lab)

My Lords, in moving government Amendment 2, I will speak to government Amendments 7, 9 and 11 and to Amendment 12, tabled by the noble Baroness, Lady Smith of Newnham. They all focus on the importance of the definition of “relevant family members” in the context of the Bill. Before explaining the Government’s amendments, I will address Amendment 12 and explain why the Government have decided not to include it in the Bill but rather to create an affirmative delegated power, so that the definition may be brought forward in secondary legislation. The definition of “family members” and their access to the commissioner has been at the forefront of the Government’s mind throughout. It has always been our intention to future-proof our inclusion of family members. Including the definition in secondary legislation allows it to be updated quickly, to account for changes in society, without needing to create new primary legislation. Our intent is to encompass all family units and not pre-judge this by having a full definition in the Bill—though I have to say that the definition that the noble Baroness seeks to put in the Bill is very good, as it is our definition. However, as I have made clear, the definition can be changed at some future point. As noble Lords will be aware, the draft regulations covering the definition of “family members” for the purposes of this Bill have been distributed to all interested Peers for consideration. The Delegated Powers and Regulatory Reform Committee has thoroughly scrutinised this power in its report. These government amendments fully implement the committee’s only recommendation, by changing the regulation-making power in the Bill to define relevant family members from the negative to the affirmative procedure. The proposed amendments would ensure that there is a debate on the Government’s definition of a “relevant family member” in both Houses when the secondary legislation is brought forward, which, based on the discussions so far, I am sure would be welcomed by noble Lords. I hope that this provides the necessary reassurance to the noble Baroness, Lady Smith, on the importance placed on the definition of “family members” in the Bill and the opportunity that the Government are trying to give to debate this further in due course. On this basis, I ask the noble Baroness not to press her amendment that seeks to place the definition in the Bill.