Strengthened Statutory Procedures for the Scrutiny of Delegated Legislation: DPRRC Report

Lord Curry of Kirkharle Excerpts

Tuesday 5th March 2013 Lords Chamber

[Lord Curry of Kirkharle]

My Lords, I welcome the fact that the noble Baroness, Lady Thomas, has tabled this debate this evening, and I also welcome the committee’s special report. I recognise the crucial role that the committee plays in ensuring the adequate scrutiny of proposals put forward by Ministers in the other place.

It is encouraging that the report recognises that the existing scrutiny procedures around the Legislative and Regulatory Reform Act 2006 are robust. I declare an interest in my capacity as the non-executive chair of the Better Regulation Executive. I compliment the previous Government on taking the 2006 Act through Parliament.

Legislative reform orders are an important deregulatory tool at the current time to reduce burdens on business, but they are used only where there is no other legislative vehicle available. This has meant that only 18 have been made since 2006. Currently there are eight draft orders going through the process. More are likely to emerge from the Red Tape Challenge implementation but, again, only where no alternative vehicle can be found to progress these changes quickly.

The undertakings made by the previous Government have been referred to a number of times this evening. I understand that these were made when we did not know how the changes to the Act would be used in practice. I have looked at how the Act has been operating since 2006, and while I recognise some of the points made by noble Lords—I may be alone in making this comment—I am not entirely persuaded that it is necessary for this Government to renew the undertakings.

It is encouraging that the scrutiny process has been working well. The Act introduced a key safeguard with an effective power of veto for the committee. Any resolution to reject a veto commendation is taken on the Floor of the House without any time limit. As far as I am aware, neither scrutiny committee has felt the need to exercise its veto when considering draft orders.

I do not believe that the undertakings affect the ability of this House to debate important matters. The committee chooses the level of parliamentary scrutiny. Any legislative reform order that is more than just technical in nature will be debated, either in Grand Committee or the Chamber, and has to be approved in the Chamber. Noble Lords may disagree, but it strikes me that the level of scrutiny of proposals that come before the committee is at least as thorough as that of some Bills that pass through this House.

The 2006 Act is due for post-legislative scrutiny in 2014. I propose that this would be the time to review in detail the effects of the legislation. That is when we can establish whether the intended policy objectives have been met and, if so, how effectively.