Retained EU Law (Revocation and Reform) Bill

Debate between Viscount Hailsham and Lord Harlech

Report stage
Monday 15th May 2023 Lords Chamber

[Viscount Hailsham (Con)]

Could the noble and learned Lord deal more fully with the amendment provision? It is a most interesting provision because hitherto my understanding has always been that statutory instruments cannot be amended. What is proposed in new paragraph 8A(3) in Amendment 76 is a power to amend a statutory instrument. I would like to know—

[Lord Harlech (Con)]

My Lords, could I ask my noble friend to turn around and address the House?

[Viscount Hailsham (Con)]

I am so sorry. Being rather deaf, I have to listen to what the noble and learned Lord is saying by turning towards him. I apologise. I would like to know—[Laughter] I am doing it again. I would like to know what the procedure is. Is it precedented, or is it a new concept that the House is being asked to contemplate—namely, the power to amend statutory instruments?

--- Later in debate ---

[Viscount Hailsham (Con)]

My Lords, if I might briefly comment on the suggestion of the noble and learned Lord, Lord Hope, about amendments—

[Lord Harlech (Con)]

My Lords, the guidance in the Companion states that, on Report, Members are asked to make their reflections once.

[Viscount Hailsham (Con)]

But I asked a question; I did not make a speech before. The question is one that I want to emphasise now.

Time and time again, this House has had to address the ability of Parliament to amend statutory instruments. The explanation given by the noble and learned Lord, and by the noble Lord, Lord Lisvane, makes it plain that on the question of amendments, we have to rely entirely on the good faith and discretion of the Minister. What in fact was being said by the noble Lord, Lord Lisvane—I am grateful to him—is that the House, by a Motion, can express a view but the ability to change the statutory instrument depends on—