Statutory Instruments (Amendment) Bill [HL]

Third Reading

10:06:00

Motion

Moved by

That the Bill do now pass.

I beg to move.

My Lords, it is a pleasure to speak to this Bill from the noble Lord, Lord Thomas of Gresford. I will not detain your Lordships with a lengthy restatement of our concerns about the Bill, because we made them clear in Committee. I simply say that we have issues with the way it seeks to grant powers to the House of Lords that are arguably greater than the powers afforded to the elected House. Having put those concerns on the record, we did not seek to amend the Bill on Report and will not seek to delay its progress, but we cannot support it. I close by thanking the Minister for her work on this Bill and, especially, the noble Lord, Lord Thomas of Gresford, for his engagement with me throughout its passage. He graciously and generously took time to meet to discuss the details before Committee, which was greatly appreciated.

My Lords, I thank the noble Lord, Lord Thomas of Gresford, for bringing forward this Bill. It has been an excellent opportunity to highlight the importance of secondary legislation. This Government place great importance on Parliament having the information it needs to scrutinise. From the introduction of the delegated powers toolkit to an enhanced training offer for civil servants at all levels, the Government are taking steps to demonstrate how seriously they take secondary legislation. I also thank the clerks and advisers of the Joint Committee on Statutory Instruments, as well as the Secondary Legislation Scrutiny Committee and the Delegated Powers and Regulatory Reform Committee, for their diligent work in scrutinising the secondary legislation the Government lay before Parliament. I remind the House that my husband is a member of the JCSI. I take this opportunity to thank the National Archives for maintaining legislation.gov.uk, which is a valuable resource for all Members of your Lordships’ House, as well as the general public, and for its work in administering the correction slip process, which the Bill would place on a statutory footing. With the greatest respect to the noble Lord, Lord Thomas of Gresford, the Government disagree that this is a necessary service for the correction of insubstantial errors. We remain of the view that there has always been a need to strike the balance between providing the Government with the flexibility they need to deliver for the country and ensuring that the information they provide is clear and explains why legislation is necessary.

Will the noble Baroness take this opportunity to reassert the principle that secondary legislation should never seek to move away from the intention of primary legislation?

The noble Lord makes an excellent point. As the Attorney-General has made clear in several speeches, that is absolutely the intention and objective of this Government’s legislative programme. I do not wish to repeat the reasons why the Government cannot support the Bill. We will continue our efforts to improve the secondary legislation that is laid before Parliament, including the documents that accompany it, but we do not agree that further legislation is the way. I am grateful to all noble Lords who have participated at all stages of this Private Member’s Bill and for the opportunity to discuss the importance of secondary legislation. As ever, your Lordships’ House’s ability to scrutinise is second to none.

I am most grateful to the Minister and those who have spoken for the kind words that have been said.

Bill passed and sent to the Commons.