Lord Cameron of Lochiel (Con)

My Lords, I will speak in support of my noble friend Lord Davies of Gower’s amendments in this group, specifically Amendments 21A and 23A, and I hope to do so very briefly. It strikes me that Amendment 21A is a crucial brake, as it were, on the power of the Executive. It introduces a test of reasonable proportionality to the creation by the Secretary of State of further procedures by regulation. I know that there are some later amendments by the noble Lord, Lord Anderson of Ipswich, and others on the totality of the Henry VIII clauses in this clause and ensuing clauses. But, in the event that these specific provisions, namely subsections (4) and (5), remain in the Bill, Amendment 21A represents a crucial limit on the powers of the Government. In the age-old phrasing relating to proportionality, it is important not to use a sledgehammer to crack a nut. Insisting that “further procedures” meet an additional test of being reasonably proportionate imposes on the Secretary of State a duty to consider the question of proportionality in a measured and proper way. Finally, Amendment 23A, as others have said, would provide an express and definitive timeframe for ensuring documentary compliance. The legislation would thus avoid uncertainty and vagueness by creating a specific time period. That strikes me as being in the interests of the person responsible for the enhanced duty premises or qualifying event and in the interests of the SIA. In short, everyone would know where they stand, and I suggest that that kind of awareness is to be commended. I look forward to hearing the Government’s clarification of all the points made.