Product Regulation and Metrology Bill [HL]

Baroness Watkins of Tavistock Excerpts

Report stage
Wednesday 26th February 2025 Lords Chamber

[Lord Hunt of Wirral (Con)]

My Lords, this has been a fascinating debate. I thank the Minister for his kind tribute to me at the start of his remarks. We have had a good tour d’horizon. It reminds me of someone I always counted on in moments like this; we still hugely miss Lord Judge. He taught me so much about Henry VIII clauses. In fact, he told me things that I did not know as a practising solicitor. He was brilliant, and we miss him so much.

I say to the noble Lord, Lord Fox—I read his contributions in Committee, particularly about the Delegated Powers Committee—that he was in total agreement, and I do not know what has happened. Perhaps we should have a consultation about a consultation. I will come back to what the Minister said in just a moment. The Attorney-General said that

“the new Government offers an opportunity for a reset in the way that Government thinks about these issues. This means … a much sharper focus on whether taking delegated powers is justified in a given case, and more careful consideration of appropriate safeguards”.

The one message that I take from this short debate—but one of great substance—is that we need to give further reflection to the Private Member’s Bill of the noble friend of the noble Lord, Lord Fox, the Statutory Instruments (Amendment) Bill. I made a special journey—I will not go into the detail—to support that Bill. My colleagues on the Secondary Legislation Scrutiny Committee thought it was a breath of fresh air, but it met with a stonewall from the Government. If only the Government would just think again about how we deal with secondary legislation, so much of what we have been discussing would be unnecessary.

I say to the noble Lord, Lord Anderson of Ipswich, how wounding it can be to describe this important constitutional debate as a wrecking amendment. I was giving the Minister an opportunity to come forward with some new proposals. He has failed to convince the Delegated Powers Committee. Are we to consign that committee’s further report to the rubbish tip? I will not; I will continue to return to its theme that the Government have got it wrong at the moment.

It is perfectly possible for the Government to come forward with something on Third Reading. If we pass Amendment 2 tonight—I am minded to test the opinion of the House—the Government have a real opportunity to listen even more closely to this latest report, which they have only just received from the committee. It was a unanimous report: Cross-Bench, Liberal Democrat, Conservative and Labour Peers all united in saying that the Government have got it wrong in producing what is in effect a skeletal Bill.

I am disappointed that the Minister, who had an opportunity to give more ground and to go away and consider this further, did not take that opportunity. I am grateful to my noble friend Lord Lansley, who directly contradicted what the Minister has just said about the effect of this amendment, as it would not have that effect. His Amendment 4 is such a good amendment.

I am so surprised that the noble Lord, Lord Pannick, should come forward and oppose this. It flies in the face of many of the speeches he has made before. My noble friend Lord Deben—it is like old times; we worked together for 16 years in government—pointed out that we are on a slippery slope, and we just need to make the Government think again.

My noble friend Lord Jackson of Peterborough has a really good amendment in Amendment 39, as does my noble friend Lord Holmes of Richmond in Amendment 41. We have had such a good debate, and it is a shame that the Government have refused to think again. That is why, in my view, we should test the opinion of the House.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

My Lords, I must reinform the House that if Amendment 2 is agreed, I will not be able to call Amendment 3 or Amendment 4 by reason of pre-emption.