(2 weeks, 3 days ago)
Lords ChamberMy Lords, I will stick to what I know about, and for that reason I will make no comment on football. I too commend the Minister for bringing forward Amendment 90 in response to the debate in Committee. This is a wholly positive development.
As I said then, the House of Lords Constitution Committee in its 2004 report Parliament and the Legislative Process recommended that Bills, once enacted, should be subject to post-legislative scrutiny—a recommendation endorsed by the Law Commission. In 2008, the Government accepted that Acts should normally be reviewed three to five years after enactment, with reviews sent to the relevant departmental Select Committees in the House of Commons.
Since then, not all Acts have been reviewed. Practice in recent years has been somewhat patchy. Some departments have been good at reviewing Acts, others not so. I commend those departments that have undertaken thorough post-legislative reviews and have made Written Ministerial Statements when they have done so.
The Minister said in a recent Answer that some Acts were not reviewed following correspondence with the chairs of the relevant Select Committees. I am not sure how the chairs will know whether or not a review is necessary if they have not carried out a review. This is something I may pursue. However, I am keen to commend those departments that do undertake post-legislative reviews, and I especially welcome this amendment that puts the review on a statutory basis. There are precedents, but not many—as my noble friend Lord Goodman indicated—so I am delighted that we have another.
In essence, the amendment reproduces the normal practice for a review, although it goes a little further in prescribing a draft report and stipulating bodies to be consulted, which constitutes a significant concession. Given that, the amendment is to be welcomed, and I hope it will be emulated by other departments.
I have sympathy with the amendments tabled by my noble friend Lord Goodman; I can see why he wishes to commission a report by an independent body. I suspect the Minister will point out that bodies can carry out reviews if they wish to anyway and doubtless will.
As far as the amendment goes, I think it is to be wholly welcomed. It is a very good development, and it is very positive in showing how the Government have responded to the debate in Committee, which shows the value of this place. I hope the message will go out to other departments to follow suit.
My Lords, I have tabled amendments asking that Parliament should fulfil its role of scrutinising regulators across the board. I am glad that, in this one respect, my noble friend the Minister has taken that on board with this particular regulator in terms of the review that the noble Lord, Lord Norton, has just referred to. Very often, the problem has been that Parliament itself has not been proactive enough. This amendment ensures that Parliament will have to take some notice.