Childcare Bill [HL]

Debate between Baroness Massey of Darwen and Lord Tyler

Wednesday 1st July 2015 Lords Chamber

[Lord Tyler (LD)]

My Lords, I served as a member of the Delegated Powers and Regulatory Reform Committee and want to return for a moment, if I may, to the recommendations in our second report. I very much welcome the response from the Minister this afternoon because I think that it was very helpful, but there are wider issues here. I particularly appreciate the presence of the government Chief Whip, because I am sure he will wish to make sure, through the usual channels, that there is discussion of some wider issues.

I am also delighted to see that the chair of the Delegated Powers and Regulatory Reform Committee is here—the noble Baroness, Lady Fookes. It is probably her drafting that has produced what is, I think, the most critical paragraph in the second report—critical in both senses—which I will put before your Lordships’ House:

“We note that the Minister said that ‘the introduction of the Bill, with a strong duty on the Secretary of State, sends a clear message to parents and providers about the Government's commitment’. That is not, in our judgment, a proper use of legislation: the purpose of an Act is to change the law, not to ‘send a message’”.

I think that that is critical to the role and responsibility of your Lordships’ House. I therefore think it entirely appropriate—and I welcome the fact that they have given these indications—that the Government are prepared to respond positively to the report as a whole. However, it applies not just to this Bill. As the noble Baroness and my noble friend said, there are echoes here of the committee’s first report, which relates to the Cities and Local Government Devolution Bill, where again there were powers in statute, potentially, that are akin to Henry VIII powers, which this House has always been very sensitive to and I hope will always be.

As my noble friend said, in the immediate aftermath of a general election and change of Administration, there is always an absurd rush to legislation, with Ministers desperate to get something done. But it is an affront to the role of your Lordships’ House to put before us obviously inadequate legislation. That is true in both these cases. I hope that there will be an understanding, not just in relation to this Bill but in relation more widely to the legislative programme of the new Administration, that there are important implications for the role and responsibility of your Lordships’ House. I hope that there will be very careful reading of the first and second reports of the Delegated Powers and Regulatory Reform Committee.

[Baroness Massey of Darwen (Lab)]

My Lords, I thank the Minister for his statement and am very pleased to hear that the noble Lord, Lord Sutherland, will be helping in the progress of this Bill. The noble Lord chaired most ably the Select Committee on Affordable Childcare. It is to this point that I wish to refer, following on from the points made by my noble friend Lady Andrews about the skeletal nature of the Bill and the inadequacy of the deliberations before the Bill came to us.

The Affordable Childcare Select Committee interviewed more than 80 experts in childcare and several academics and parents. It was an excellent committee effectively chaired. I would like to know from the Minister whether the Government have actually read the Select Committee report. Even though the report was presented to this House in February, we have been promised a response only in the autumn. That seems to me to be a very long time for consideration.

If the Government have read the report, does the Minister think that it would be a good basis on which to produce or propose legislation now? The Government have missed an opportunity to produce a really good, solid Bill. They have not done so. They had the opportunity to read the Affordable Childcare Select Committee report with all its recommendations. What will the Government do now about this Select Committee report? Will they take it seriously and why have they not done so already?