House of Lords: Post-legislative Scrutiny

Baroness Hamwee Excerpts

Monday 14th June 2010 Lords Chamber

Asked By

[Baroness Hamwee]

To ask the Leader of the House whether he will support discussions between all sides of the House of Lords in establishing a formal structure for post-legislative scrutiny by the House.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, I am happy to participate in discussions on post-legislative scrutiny in this House. It is of course open to committees in both Houses to conduct post-legislative scrutiny of Acts of Parliament, either as part of a broader inquiry or on the basis of a specific post-legislative memorandum published by the Government. Noble Lords will no doubt have views on how this process has been working.

[Baroness Hamwee]

My Lords, I am grateful for that positive Answer. Does the Leader of the House agree that pre-legislative and post-legislative scrutiny are part of the same exercise, in that each informs the other in moving forward to improve legislation? Does he also agree that it is work to which this House could make a very particular and good contribution?

[Lord Strathclyde]

My Lords, I agree with everything that my noble friend has said about pre-legislative and post-legislative scrutiny. I have always been a supporter of post-legislative scrutiny, but I have discovered in recent days that there is a gap between desiring the idea and making it a reality. There are substantial issues involved in the practicalities of making post-legislative scrutiny work. I am delighted that there is a system of post-legislative memoranda being published by the Government, as a result of decisions taken by our predecessors some years ago. It remains to be seen how that works over the next few months.