Standing Orders (Public Business)

Lord Tomlinson Excerpts

Tuesday 24th July 2018 Lords Chamber

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

My Lords, on 11 July the House agreed to the fifth report from the Procedure Committee and, in doing so, agreed to new procedure for sifting arrangements for certain instruments laid under the European Union (Withdrawal) Act 2018. The report proposed a consequential amendment to the public business Standing Orders, and today’s Motion simply makes those necessary changes. I am aware that concern has been expressed to me, on and before 11 July, about the possible negative instruments which may be laid during the Recess. I refer noble Lords to the withdrawal Act, which makes it clear in specifying the scrutiny period that that means 10 sitting days from the first day back. I hope that that reassures noble Lords. I beg to move.

[Lord Tomlinson (Lab)]

My Lords, I am not clear about this, and I am always slightly suspicious of things that happen on the last day before the summer. Why is the change in Standing Orders needed at all? Why is it needed now? How have we managed in the past, or is it just something that has emerged as a consequence of the European Union (Withdrawal) Bill? Can the Senior Deputy Speaker tell us, if such a change in Standing Orders is imperative now, how will Members of the House be informed that an order has been laid with the Clerk of the Parliaments? If it has no consequence for us, why does it matter at all? I do not think that the explanation satisfies me of the case for this to happen.

[The Senior Deputy Speaker]

I thank the noble Lord for his question. First, this refers to the EU withdrawal Bill, so we need procedures appropriate to that. A new class of instrument is also being introduced, and we are applying the existing procedure to the new class of instrument. It will very much affect the Secondary Legislation Scrutiny Committee. In anticipation of the workload with increasing numbers of SIs, that committee has taken on two additional committee advisers, and another committee assistant, meaning that it is now supported by a clerk, four advisers and two committee assistants.

There will be a parallel committee established in the House of Commons, which it never had before, and which will be referred to as the European Statutory Instruments Committee. That will be sifting along with the House of Lords committee, and it is anticipated that there will be engagement with both committees to ensure the smoothest approach. It is a new procedure as a result of the EU withdrawal Bill.

If the noble Lord is looking for more reassurance, the debate on 11 July was quite clear on these issues, and I refer him back to that. If he still has problems, he can knock on my door and I will be happy to have a chat.