European Union (Withdrawal) Bill

Debate between Viscount Hailsham and Lord Faulkner of Worcester

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

It may be for the convenience of the House if I remind your Lordships that we are debating Amendment 70 and the other amendments in the group. The noble Baroness, Lady Neville-Rolfe, spoke to Amendment 84, which is grouped with Amendment 70 —but agreeing to Amendment 70 is the question before the House.

[Viscount Hailsham]

My Lords, I support Amendment 70, moved by my noble friend Lord Lisvane. May I express the hope that it serves as a precedent for use in other legislation? The parliamentary control of statutory instruments is notoriously inadequate. I speak with a considerable degree of experience, having lived through some 31 years of statutory instruments. We know that far too much legislation is passed through this House without any sensible scrutiny, discussion or amendment. I personally have always argued for the amendment of statutory instruments. I ventured to put forward proposals in Committee on this Bill. They did not make any progress, and I know full well that they will not do so in this Bill now.

However, the suggestion put forward by the noble Lord, Lord Lisvane, is a useful first step in that it would require Ministers to explain why the negative procedure has been adopted. Furthermore, it would give Parliament the opportunity to transform a negative procedure into an affirmative procedure. While the affirmative procedure is far from perfect, it is a great deal better than the negative procedure and, on that basis, it is very much a useful first step. I support the noble Lord’s amendment and I say to the noble Baroness, Lady Neville-Rolfe, that I have a strong support for her proposal, too. It seems to me that transparency is a very good idea—but I will make one caution, if I may. There will be times when statutory instruments take an emergency character, and the 10-day limit could cause a serious problem. That will need to be addressed if her amendment makes further progress.