Fisheries Bill [HL] Debate
Full Debate: Read Full DebateBaroness Young of Old Scone
Main Page: Baroness Young of Old Scone (Labour - Life peer)Department Debates - View all Baroness Young of Old Scone's debates with the Department for Environment, Food and Rural Affairs
(4 years, 5 months ago)
Lords ChamberMy Lords, I rise to speak to Amendment 121 in my name, supported by the noble Lord, Lord Randall of Uxbridge. Better scrutiny of secondary legislation is a bit of a hobby-horse of mine. I hope that this is a good example of how we should look to improve methods of scrutiny of secondary legislation across the board but let us focus on this one for now.
When the various statutory instruments were going through the House, transposing European legislation into UK laws as part of the withdrawal process, we all bore the scars of quite restricted consultation and no publication of the statutory instruments in draft. The only real remedy available for those dissatisfied with the statutory instrument was to blow the whole thing out of the water, even under the affirmative procedure, a nuclear option that would have left us with no legislation in place at all.
The Minister, the noble Lord, Lord Gardiner, was excellent in talking to people about the statutory instruments he was responsible for. However, it still left us with the ability to talk about them but not to change them, because by that time they had been laid. This amendment reflects the fact that in this Bill a number of provisions give the Secretary of State powers to create secondary legislation, including for fishing industry or conservation purposes in Clause 36, and for aquatic animal disease purposes in Clause 38. These could be seminal and result in major changes to fisheries management measures. It is important that any changes are subject to a more extensive scrutiny process by stakeholders and the legislature.
Of course, the Bill requires the Secretary of State to consult before making new regulations, but this amendment provides an additional requirement for authorities to lay regulations before Parliament at the draft stage, while it is still possible to change them, and for the Secretary of State to have regard to any responses to consultations, including any parliamentary resolutions or recommendations. This reflects the super-affirmative requirements for scrutiny of secondary legislation in the Public Bodies Act 2011 and the existing consultation requirements for the joint fisheries statement, the Secretary of State fisheries statement and the fisheries management plans in Schedule 1, so it would not be out of line with other measures currently in the Bill. I beg to move.
My Lords, I support the noble Baroness in her amendment; she spoke very eloquently about the need for it. Having been in the other place for some considerable time, I know that it is always easier to change legislation when it is in the draft form. I have found that Governments of all colours are more loath to change once they have laid the actual regulations. Some of these are of sufficient importance that interested parties, including Parliament, should have a good look at anything being brought forward. That is the way forward and it will allow us to improve not just regulations. I am very keen to see this type of amendment in this Bill and others.
I thank the Minister for her reply. I did not really hope or dare to dream that the Government would roll over on this one. I take the point that flexibility and improvements are important and that many of these pieces of secondary legislation will be about technical issues. But the question of ambition in this Bill comes into play here. The reality is that there could be instances where consultees would want to see more rather than less ambition in some of these technical solutions. When there is no ability to look at these statutory instruments in draft before they are laid, it becomes impossible to insert anything at that stage of the process. I am distraught and disappointed as usual when I talk about scrutiny of secondary legislation.
I reiterate what I said about the amendment. It also replicates a duty in Clause 41(1) to consult the devolved Administrations and all other interested parties before making regulations.
I thank the Minister for that clarification. I shall read Clause 41 more closely and beg leave to withdraw my amendment.