Legislation: Pre-legislative Scrutiny

Lord Campbell of Alloway Excerpts

Thursday 28th October 2010 Lords Chamber

Asked By

[Lord Campbell of Alloway]

To ask Her Majesty’s Government whether drafts of all their Bills should be subject to pre-legislative scrutiny.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

No, my Lords. Although we are committed to bringing forward as many draft Bills as possible, it is not always possible to do so—for instance, where Bills have deadlines for Royal Assent. This Session, the Government will publish in draft at least four Bills.

[Lord Campbell of Alloway]

I thank my noble friend the Leader of the House for having taken this Question, which has constitutional effect. May I, by leave, ask two questions for clarification? What consideration have the Government given to the three group reports that favoured mandatory reforms of pre-legislative scrutiny of draft government Bills, as was spoken to—I see the noble Baroness, Lady Royall, looking at me—on three occasions: 25 January, 28 February and 12 July? The other question is very short: to ask whether and, if so, when a new formal, wholly effective structure shall be set up?

[Lord Strathclyde]

My Lords, my noble friend is entirely correct that this is an important issue. For some years now there has been good practice from the former Government and this Government in attempting to publish Bills in draft and apply a process of pre-legislative scrutiny. The reason why there is not a mandatory structure for this is in part that it is not possible to have formal pre-legislative scrutiny early on in the Parliament. Some departments, through the process of consultation and the publication of Green Papers and White Papers, already allow for a certain element of pre-legislative scrutiny, although not necessarily the one preferred by my noble friend.