My Lords, I thank noble Lords for their contributions today and the noble Lord, Lord Thomas of Gresford, for his continued work championing the important issue of secondary legislation.
As we all know, this House plays a vital role in ensuring that all legislation brought forward by this Government is of the highest standard. I am grateful for the role played by committees of this House, including the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee, in ensuring that statutory instruments are subject to appropriate scrutiny. Our current procedures and processes for statutory instruments allow for both Houses to scrutinise and debate instruments.
Turning to the first group of amendments, which address the scrutiny of instruments in this place, I believe that these amendments are well intended, and I recognise that they represent a check on the power of this place and assert its right to scrutinise instruments laid before it. However, the Government’s view remains that we should continue to get this right in the first instance. That is why, as my noble friend Lady Anderson set out at Second Reading, we must focus our efforts on ensuring that statutory instruments are delivered to the highest quality in the first place.
That is not to say that the situation is perfect. This Government are aware that Parliament has not always been given the information it needs to fully scrutinise legislation, and the Secondary Legislation Scrutiny Committee has sometimes asked for further detail. This has on occasion led to some Explanatory Memoranda being replaced to include that information. But I remind the House, and, I hope, reassure the noble Lord, Lord Hunt of Wirral, and the noble and learned Lord, Lord Thomas of Cwmgiedd, that this Government have pledged, and intend, to do better. This does not mean, however, that we need to revise the procedures for the consideration of statutory instruments.
In a similar vein, while I thank the noble Baroness, Lady Finn, for her amendment which seeks to ensure that this House does not have greater powers to amend statutory instruments than the other place, I maintain that the Government’s position is that the legislation before us is not the way to remedy our processes regarding such instruments. I am, none the less, grateful to her for drawing attention to the importance of maintaining a balance between the powers of our Houses.
Additional training, resources and guidance have been and continue to be developed and revised as appropriate to support our ongoing efforts to do better. This includes training and resources for Ministers and civil servants, and last month the Guide to Making Legislation was updated. This update includes a new delegated powers toolkit which has been produced by my noble and learned friend the Attorney-General and which will support departments to decide whether to include a delegated power in a Bill. Our hope is that this will support the subsequent development of quality instruments and supporting documentation.
The final group concerns the technical correction of statutory instruments. It would be remiss of me at this point not to draw the Committee’s attention to the excellent work carried out by the National Archives, which oversees the so-called correction slip process. This is a well-established process through which the Government can already make minor, non-substantive corrections to defective statutory instruments after their publication. The National Archives does an excellent job in assessing whether a corrections slip is appropriate on a case-by-case basis and, where applicable, issues the slip to the Vote Office in the Commons and the Printed Paper Office in the Lords.