House of Lords: Strathclyde Review

Lord Richard Excerpts

Thursday 17th December 2015 Lords Chamber

[Lord Cormack (Con)]

My Lords—

[Lord Richard (Lab)]

My Lords—

[Baroness Hayman (CB)]

My Lords—

--- Later in debate ---

[Baroness Stowell of Beeston]

As my noble friend may not have had an opportunity to study my noble friend Lord Strathclyde’s report, he might not yet have spotted that it includes a reference to the other place and its role in secondary legislation. My right honourable friend the Leader of the House of Commons is also making a Statement today in the other place about this same topic.

As for when we will schedule the debate in January, clearly we will have to consider the timetabling of it alongside other matters when we return. However, my main commitment to this House is that there will be a substantial debate; it will be in government time; and we will do so early in the new year.

[Lord Richard]

My Lords, will the Government kindly recognise, if they have not already, that a balance has to be struck between the existing powers of this House and the way in which government carries out its business? There is a good case for this House giving up its veto—I accept that—but there is an undoubted quid pro quo that has to be demanded for it, which is that the Government stop playing games with statutory legislation. The reason why we got into this mess in October was because, on a major issue of government policy, not just a minor financial issue, they chose to do it by statutory instrument rather than by primary legislation. There has to be a recognition on both sides in this argument that, if this House is asked to give up a power that it has got but very rarely exercises, the Government and the other place must recognise that in matters that are proper for primary legislation that is how they should do it. I am fortified in that by remarks made by the noble Lord, Lord Lisvane, when this matter was last raised in this House. If the Government can give that sort of assurance that they will not have these wheezes and play the silly games that they have been playing, I am sure we can make progress.

[Baroness Stowell of Beeston]

The noble Lord, Lord Richard, makes an important point about the use of the proper legislative vehicle. I agree with him on that, and it is referred to by the noble Lord, Lord Strathclyde, in his report as a recommendation as well—and that is why I refer to it in my Statement, because it is important that we acknowledge that as well as his other proposals on the powers of this House. I am not sure that I agree with the noble Lord’s description of what is happening in the use of secondary legislation by this Government or, indeed, other Governments, but I accept the argument that he makes, and I accept that we have to be constant and vigilant to make sure that we always choose the right vehicle when we bring our measures to Parliament.