Member

Finally, I come to Amendment 143, tabled by my noble friend Lord Lansley, dealing with Clauses 67 and 68. These clauses set out how the ORR is to consider appeals; the Committee will discuss those arrangements in detail in a later group. The clauses already provide that the Secretary of State may by regulations make provision about steps to be taken before an appeal can be brought, time limits, and governing the practice and procedure of appeals. It is therefore not clear what the purpose of guidance is in relation to the appeals procedure, but it should clearly not be used to seek to control how the ORR conducts appeals by means which are not subject to parliamentary scrutiny, as would be the case for regulations made by statutory instrument. At this stage, the Committee should be told why and for what purpose such guidance may be issued by the Secretary of State in relation to the appeals procedures. Since there will be statutory regulation made which will be scrutinised, what is the guidance adding which is not subject to that scrutiny?