European Union (Withdrawal) Bill

Lord Adonis Excerpts

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Lord Porter of Spalding]

It would be better because I would like to have been an alderman, really.

[Lord Adonis (Lab)]

My Lords, depending on whether we leave the European Union, the noble Lord might be able to transfer.

[Lord Porter of Spalding]

There are some people who have already offered me a one-way ticket.

I should clear up one minor misunderstanding in the previous comments. We do meet with the DExEU team and my local government counterparts in Scotland, Wales and Northern Ireland also meet regularly. As noble Lords will know, it is our staff who generally do most of the heavy lifting and they meet continually with representatives of DCLG, as it was, and DExEU. That is not to say that we should not have something not to replace the bureaucracy of the European Committee of the Regions but to strengthen the ability of local government to help the national Government form better policy.

Over the past 10 years national government has managed to give itself 350,000 more staff while in the same period local government has lost 840,000 staff. There are some people who would probably say that the Civil Service has a better capacity to advise the Government, but I would just like to remind them that local government has the capacity to advise them better.

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[Lord Tope (LD)]

My Lords, I, too, should begin by declaring the usual interest as a vice-president of the Local Government Association—but rather more relevant to this debate is a former interest. I was appointed to the EU Committee of the Regions when it was first formed in 1994, and indeed as I look across the Chamber to the noble Lord, Lord Empey, I think that he was among the same number—as indeed was the noble Lord, Lord Bowness, and the noble Baroness, Lady Farrington. We were all elected to this new body that had been created.

I could go on for the rest of the evening about this, but I will not. Suffice to say that with each European treaty, from Amsterdam through to Lisbon, the Committee of the Regions was given more powers. There were probably a number of reasons for that, one of which was that we were finding our way. Maastricht was the first treaty that recognised any form of government below member state level, and it was certainly the first time that what I choose to call sub-state government—local and regional government—was represented. That became recognised as increasingly useful.

My purpose in this debate is to wonder why and to say what is important. It was not simply a process of turning up every so often and consulting local or regional government on what we were going to do anyway. It was eventually recognised that local and regional government in the EU was in fact responsible for implementing what someone calculated was around 70%—the figure might have varied between the member states—of EU legislation. It was good common sense to talk with the people who had responsibility for implementing rules, regulations and laws and discuss with them how that could best work before getting to the legislating stage.

In my 20 years on the Committee of the Regions, that was often the very best way to do it: not necessarily—in fact, not usually—in the formal, awful plenary sessions with 300-plus people present, but much more in meaningful dialogue and discussion with the Commission and with commissioners. As my noble friend Lord Shipley said about the experience of city mayors in this country, we found it much easier to access the Commission and commissioners than it ever was to access Ministers and civil servants in this country. When we did, we had a meaningful dialogue and discussion before decisions were made. That worked very well. I am not surprised—indeed, I am pleased—to hear that nobody is suggesting that we try to replicate in some way the Committee of the Regions for the United Kingdom. The thought of trying to replicate something that already struggles with 28 member states is somewhat horrifying.

The point has already been made about the recognised need for the English regions, but nobody has yet devised a way of meeting it. We should remember, too, that the Scottish Parliament and Executive, the Welsh Assembly and Government and the Northern Ireland Assembly and Executive were all members of the Committee of the Regions, as was English, Welsh, Scottish and Northern Irish local government. It worked remarkably well—the noble Lord, Lord Empey, would recognise that, although he was not there quite as long as 20 years—and the UK delegation was, and is, one of the most effective delegations in the Committee of the Regions. If Brexit happens, that will of course come to an end. The other day, I was surprised to be asked by a colleague, “Will we still be members of the Committee of the Regions if we leave the European Union?” He was a little surprised to be given the very obvious answer, “No”. He said, “Well then, we need something else”. This is the opportunity for the Government and the Minister to tell us what else we will have and how it will be effective, not simply in a consultation process but in the policy formation process and the decision-making process.

[Lord Adonis]

My Lords, the noble Lord, Lord Shipley, drew attention to a significant weakness in our constitutional arrangements. The paradox of devolution as it has developed in recent decades in respect of Scotland and Wales—and Northern Ireland, to some extent, although it has a more complicated history—is that the greater the degree of formal statutory devolution, the greater the degree of formal statutory consultation with central government.

As these debates have unfolded in the interminable Committee, which I now think of almost as the committee for public safety on the Bill and which we have held over many weeks, I am struck by the fact that we have devoted huge amounts of time to arrangements with Scotland, Wales and Northern Ireland. They have a population of 10 million between them; England has a population of 53 million and we have spent almost no time on it—indeed, I think this is the first substantive debate we have had, in a very thin Committee at 8 o’clock in the evening, on the arrangements for consulting and liaising with England on devolution. That goes to the heart of the big problem in our constitutional arrangements, which is that sub-national government in England has no formal relationship in terms of statutory bodies or arrangements with central government and is largely ignored. I hope that the Minister, who is very reasonable, will at least reflect on the fact that the responsible leaders of English local authorities who are in the House this evening—including the noble Lord, Lord Porter, on his side—appear to have more confidence in the consultative machinery in place in the European Union than in central government here in London. That is quite a telling sign.

The bit of English government that I have had most contact with in recent years, as a Minister and politician, is the government of London. The single most significant and positive change made by the British state, in respect of the government of England in the last 20 years, was establishing a Mayor of London with substantial powers and a real degree of autonomy. When I was sitting on the Benches opposite as a Minister, I can say that you took the call of the Mayor of London; he is elected by a million votes and has statutory responsibilities. For other local authority leaders in England, with little formal status—nothing like the clout of the Mayor of London—and no formal machinery in place, it is very hit and miss whether their voice is heard at all in London.

The paradox of the Brexit vote is that the areas that are the least consulted and engaged with by central government in England—which, to be blunt, is most of England outside the south-east—are also the areas that voted most heavily for Brexit. There is a big and fundamental commentary there on the state of the government of England: whether we complete Brexit next year or not, the substantial unfinished business of constitutional reform in Britain over the coming years will be the government of England outside London. That is not something we will determine at 8 o’clock in the evening in debate on amendments to the EU withdrawal Bill, but it is quite clear that the whole EU withdrawal process has set in train a set of concerns that will be very difficult not to address.

I want to make one final comment so that we can put the entire constitution on the agenda in one short debate. I suspect that the future of the House of Lords will have a part to play, because if we have proper devolved arrangements for the regions or cities of England—however we choose to provide better government for England—we will have something that starts to resemble a genuine, balanced federation in the United Kingdom. Once we have that, the obvious and logical successor to this rather toothless and nominated House of Lords would be a proper federal second Chamber. Who knows? If we can envisage withdrawing from the European Union, we can certainly envisage having a federal second Chamber of the United Kingdom in our lifetimes.

[Lord Beecham (Lab)]

My Lords, I refer to my interests in the register as a vice-president of the Local Government Association and a councillor in Newcastle.

Of course, it is understood that the north-east will be the region most adversely affected by the departure from the EU that Brexit will bring about. It is ironic really that the population in the north-east is greater than that of Northern Ireland. Of course Northern Ireland has its own history and problems, but it has not been overlooked in the north-east that in cash terms the offer made to the North of Tyne Combined Authority amounted, over 30 years, to less than half the amount recently secured by the DUP as a condition of supporting the Government. We feel somewhat underfunded compared to other places. Not to be included in any of the discussions that will take place—and are currently taking place—rubs salt in more than somewhat.

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[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, I thank the noble Lords who participated in what has been a very interesting and wide-ranging debate on the Committee of the Regions aspect of this legislation. I will respond to the thrust of what the amendment seeks, then I will briefly go through the contributions and pick up the points that have been made.

In thanking the noble Lord, Lord Shipley, I say that I have considerable sympathy with the underlying aim of Amendment 227, which he tabled, although I do not believe that the proposed provisions are strictly necessary. Addressing the first limb of the amendment, the Government have been very clear that we are consulting with local government and will continue to do so throughout the withdrawal process. Local government has a clear and vital role to play as we depart from the EU and the Government are committed to facilitating it. We have held meetings with leading members of the local government associations of England, Scotland, Wales and Northern Ireland, and their officials, as was indicated by my noble friend Lord Porter. We have met with the Mayor of London and attended a number of “sounding board” round tables, facilitated by the Local Government Association, in Newcastle, Essex, Bristol, Cornwall, London and Staffordshire. These crucial conversations will continue, with local government remaining engaged throughout the Brexit process.

The second limb of the noble Lord’s amendment concerns domestically replicating consultative rights that local government currently has at European level through the mechanism of the Committee of the Regions. The United Kingdom delegation to the Committee of the Regions currently makes an invaluable, important contribution to the decision-making process of the European Union on issues including transport, and economic, social and territorial cohesion. I pay tribute to noble Lords in the Chamber who have been part of that process. I readily agree that it performs a very useful and important function. We do not consider it necessary to provide a statutory basis to a domestic replication of the existing consultative rights provided to local authorities through the mechanism of the Committee of the Regions, but I will explain how we propose to proceed.

We believe the statutory basis risks introducing unduly rigid bureaucracy, which many find so unattractive in some of the current structures. That said, the Government have been having constructive discussions with local government about how the consultative rights and responsibilities it currently has at European level can be replicated domestically, in a non-statutory way, when the United Kingdom has left the European Union. These discussions involve the Local Government Association, the Convention of Scottish Local Authorities, the Northern Ireland Local Government Association and the Welsh Local Government Association, and they are continuing, including at ministerial level.

However, I can now say that we envisage the following approach. Through a ministerial Statement to Parliament, the Government will give local government a clear assurance about how it can expect to be consulted on certain matters which, following their repatriation from Europe, will now be handled at the United Kingdom level. These matters will be those which local government would have been consulted on through the mechanism of the Committee of the Regions. In this way, we could have a flexible, non-statutory mechanism that, in essence, replicates for local government the rights and responsibilities it had through the Committee of the Regions, but in a lighter-touch, non-bureaucratic way. Any such new consultative arrangements will need to complement the wide range of domestic processes and procedures the Government already have for consulting local government.

[Lord Adonis]

My Lords, will those consultative arrangements include a consultative body? If they do not, people will regard what the noble Lord just said as rather hollow.

[Lord Bourne of Aberystwyth]

I am coming to that point, but I anticipate that they would. I will just deal with this point, because there is a complication here. In devolved areas, many of these issues will be matters for the devolved Administration dealing with the relevant bodies. That has to be catered for too. Clearly some non-devolved matters would be part of the arrangement relating to this legislation, but we have to recognise that there are some that are rightly the prerogative of devolved Administrations.

This is the important point, which I hope goes some way to answer the point raised by the noble Lord, Lord Adonis. My colleague in the other place, the Minister for Local Government, Rishi Sunak, will carry this forward with the local government associations’ representatives, and we will update the House on the progress made by the next stage of the Bill. I anticipate that in seeking to replicate the arrangements it will take that forward. We need to allow those discussions to take place with the Minister in charge of local government. I will report back on this on Report.

I will deal with the relevant points raised. The noble Lord, Lord Shipley, talked about the importance of the European Social Fund, the European structural funds, steel, community energy and so on. I anticipate that all these points will come within the ambit of the new arrangements.

My noble friend Lord Porter of, I think, South Holland made it clear that he had consultation and discussion with the Ministry of Housing, Communities and Local Government and the DExEU teams. That is very much on the record.

The noble Lord, Lord Wallace of Saltaire, talked about the regions of England being left out of the devolution arrangements. I readily recognise that point. It came up in a wide-ranging discussion that, apart from the city mayors—I take the noble Lord’s point about Yorkshire not quite being there at the moment, but it will eventually be there with the might of the whole of the county, so I hope that will progress—there is, I readily recognise, a dimension in England that is not answered by the devolution arrangements that exist for Scotland, Wales and Northern Ireland.

The noble Lord, Lord Tope, spoke with feeling and passion about the importance of the Committee of the Regions. He was clearly very much part of it. In this House we have the collective wisdom of many noble Lords as to how that operated very effectively.

The noble Lord, Lord Adonis, talked about the paradox of devolution. I recognise some of the points he made, although I do not necessarily agree with all of them. He talked about the regions of England having some of the highest Brexit votes. That is true, but we should not ignore the fact that some very high Brexit votes were in the valleys of Wales. That happened not just where there was an absence of some substructure of government. I think that the highest yes vote in Wales was in Conservative Monmouthshire, so these things are perhaps not quite as simple as they may seem.

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[Lord Shipley]

Indeed, my Lords, I shall do so. I thank the Minister for his response, which is mostly welcome. It is clear that some progress is being made. It is good to hear that, prior to Report, we shall hear more about what is planned.

However, I want to say two things. First, meetings regionally and sub-regionally, certainly in England but almost certainly also in Scotland, Wales and Northern Ireland—although it is not for me to say—need to be more regular, inclusive and public. Secondly, I was encouraged by what the Minister said about replicating the Committee of the Regions’ consultative arrangements, but I share the concern of the noble Lord, Lord Adonis, about the structure within which that will take place. It is one thing for roadshows to turn up in places and take evidence; it is another to have a formal structure where everybody understands how it is working. That should include elected mayors, combined authorities and local enterprise partnerships. I hope that the Minister will give due consideration to this prior to Report.

[Lord Adonis]

Does the noble Lord agree that it is crucial that an actual body is established? Will he perhaps invite the noble Lord, Lord Porter, who chairs the Local Government Association, to bank the very constructive response of the noble Lord, Lord Bourne, to ensure that that happens, because this could be a seminal moment in the development of the constitution of England?

[Lord Shipley]

I agree with the noble Lord, Lord Adonis. He has made several points which constitutionally are extremely important. I also believe that to link the regions and sub-regions of the nations with Parliament through its second Chamber seems a very interesting constitutional proposal. It would not be strange in some other countries I can think of where similar structures apply. I would like to think we could look further at that as well. I beg leave to withdraw the amendment.

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[Lord Mackay of Clashfern (Con)]

My Lords, I recall many years ago in private practice acting on the instruction of the late Lord Weinstock to fix the price of Hunterston A. At that time, we were in the very lead of nuclear energy development. I regret to say that I have the feeling that we are slightly less in the lead now than we were then. I do not have anything like the expertise of the noble Lord, Lord Broers, but I want to emphasise the need to ensure the important place of nuclear energy in our future plans.

[Lord Adonis]

My Lords, can the noble and learned Lord remember what price he fixed it at? How does it compare with Hinkley Point B?

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Moved by

[Lord Adonis]

230: Schedule 7, page 41, line 40, leave out paragraphs (2) and (3)

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

I should remind your Lordships that if Amendment 230 is agreed to, I cannot call Amendments 231 to 235.

[Lord Adonis]

My Lords, speaking in the middle of the night I see my role as being purely a silent John the Baptist to the noble Lord, Lord Lisvane. I beg to move.

[Lord Lisvane (CB)]

My Lords, I shall speak to Amendment 240. I am really not cut out for the role that the noble Lord, Lord Adonis, has set out for me. I am not sure whether, in its emergency arrangements, the Bishops’ Bar is serving locusts and wild honey tonight. But I will do my best with Amendment 240, which has in common with the other amendments in this group the fact that it seeks to impose a restriction on the use of regulation-making powers. However, it is a little different and it reflects a recommendation of the Delegated Powers Committee.

If secondary legislation made by Ministers or Ministers in the devolved Administrations under Schedule 4 imposes a new fee or charge, those regulations will be subject to the affirmative procedure. But if the fee or charge is subsequently changed— the lovely word “modified” is used, but we can probably assume that the change would be an increase, just as new fares always turn out somehow to be higher—the regulations making that change are subject only to the negative procedure.

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[Baroness Goldie]

I have undertaken to look at the contributions to the debate. I have not suggested that all matters are de minimis; I am merely pointing out that some are, and trying to find proportionality in how we deal with our response to this. However, I undertake to look at what the noble Baroness and noble Lord have said and reflect further on the position.

I return to Amendment 236, in the name of the noble Lord, Lord Adonis, which requires all regulations made by Northern Ireland departments under their Schedule 2 powers to follow the affirmative procedure. As drafted, the Bill provides that the criteria for triggering the affirmative in the Assembly are the same as those for this Parliament. It is right that, where this Parliament confers powers on the Northern Ireland Executive, it should provide for those powers to be scrutinised. We do not necessarily have to provide that those procedures be the same for Northern Ireland departments and UK Ministers if there is good reason that they be different. However, that decision cannot be taken without a view from the Assembly as to the level of scrutiny that is required. In the absence of an Executive, we cannot invite the views of the Assembly and the Executive as we have for the Scottish Parliament, the National Assembly for Wales, and the Scottish and Welsh Governments.

It is also right that we do not introduce an entirely new procedure, such as the sifting committee, without a view from the Assembly, and that we should preserve the competence of the Assembly to challenge the scrutiny provisions if they see fit. That is only respectful and it is what this Bill does. If we were to provide a set of scrutiny procedures entirely different from those for UK Ministers’ powers, or for the Scottish and Welsh Ministers’ powers, as this amendment would do, we should do so only where we are satisfied that this reflects the needs and wishes of the Assembly.

I have tried to cover the main points of concern and, I hope, to include the presence of a comfort blanket to reassure your Lordships that the Government are prepared to reflect on this. On the basis that we cannot, at this present time, find what the noble Lord wants, I ask for his indulgence and suggest that he withdraws his amendment for the moment.

[Lord Adonis]

My Lords, the noble Baroness is so mellifluous and so reasonable when she says that she is not actually prepared to accept anything you have said but there are, none the less, very good and sufficient reasons why—she may not be personally familiar with them, but they are extremely compelling and she proposes to give them full consideration outside the Chamber—that one cannot possibly end up without agreeing with her. However, I latch on to the words, “sifting process”, because everything in the judgment depends on whether we should have negative or affirmative instruments on that process. At 12 minutes before midnight, the sifting process is the groups of amendments we are about to proceed to. The best service I can give the Committee is to enable it to move immediately on to them. The warm and mellifluous words from the noble Baroness will probably ensure that she gets them all completed by midnight. I beg leave to withdraw.

Amendment 230 withdrawn.

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[Lord Tyler]

My Lords, I am an eternal optimist, which somehow goes with the territory of being a Liberal.

What a wonderful thing it would be if out of this dismal, divisive, deceptive process we could achieve a modest but beneficial change to the way in which Parliament works. This group of amendments, all of which I enthusiastically support, offers a very timely, perhaps even unique, opportunity to improve the co-ordination between the two Houses in our joint scrutiny of secondary legislation proposed by the Government of the day.

Long after Brexit has been forgotten and we cannot remember what it was all about, we could still benefit from a rebalancing of the power between the legislature and the Executive as promoted by this group of amendments. Your Lordships will have noted the formidable supporters and signatories.

I have been involved at both ends of this building in attempts to improve the quality of secondary legislation. It has been a very difficult task and a cross-party task, and it has taken place under different Governments, but at every stage I have been reminded that, if Parliament did not have an unchallenged monopoly in the manufacture of regulation, our customers would cheerfully take their business elsewhere because, frankly, the quality of our product is pretty variable. A succession of investigations and reports carried out internally, and by very professional external observers such as the Hansard Society, have come up with two perpetual areas for criticism and need for reform.

First, the interface between the scrutiny work of the two Houses has been rightly identified as at best disjointed and at worst counterproductive, and Ministers in successive Administrations have been able to divide and rule. Amendments 237 and 237A address this very important issue. They draw on the analysis of the Delegated Powers and Regulatory Reform Committee, and the principal architecture for the improved, co-ordinated sifting system, which is set out in Amendment 237, is signed by the noble Lord, Lord Blencathra, who was here earlier this afternoon and is chairman of that committee.

The second weakness in the present system is even more profound. In essence, Parliament—both Houses individually and together—is faced at present with a dangerous false choice: either to accept an obviously inadequate addition to the law of the land, perhaps with a devastating impact on individuals or interests, or, as my noble friend Lord Sharkey said, to take the nuclear option and reject an SI outright. I remind those who claim that the latter option is “unconstitutional” that the Joint Committee on the conventions of the British Parliament, on which I served, reported as follows in 2006. Recommendation 15 read:

“Neither House of Parliament regularly rejects secondary legislation, but in exceptional circumstances it may be appropriate for either House to do so”.


That recommendation was endorsed unanimously by both Houses.

At the time of that committee and its assessment of the conventions that apply to the two Houses of our Parliament, I was very struck by the evidence given by the Conservative Party—indeed, by the noble Lord, Lord Strathclyde, to whom reference has already been made. He said:

“The fundamental view of the Conservative Party is that the executive in the UK has become too strong and Parliament is too weak. We wish to see both Houses strengthened. We do not believe strengthening of scrutiny in either House would be to the detriment of the other House”.


Of course, it was the Leader of the Opposition in your Lordships’ House speaking at that time rather than a government representative.

Ingenious attempts to get round this false dichotomy have led us to all sorts of mealy-mouthed Motions. However powerfully advocated or well supported in the Division Lobbies, regret Motions, for example, can be conveniently ignored by Ministers, even in a minority Government. As my noble friend Lord Sharkey said, the most persuasive case for a “middle way” was argued, perhaps rather unexpectedly, in the report of the noble Lord, Lord Strathclyde, produced for the Government in 2015. As my noble friend has referred to it and it is just past midnight, I do not think that I need make further reference to it, but I recommend to Members, particularly on the other side of the Committee, the logic that the noble Lord, Lord Strathclyde, used in arguing for the middle way that we are now promoting.

It is absurd that, unable to express an intelligent, practical and positive view as to how an SI could be improved, both Houses continue to face this destructive dilemma. Amendment 239A, devised by my noble friend Lord Sharkey and supported by the noble Lords, Lord Lisvane and Lord Norton of Louth, and the noble Baroness, Lady Jay, rides to the rescue, as has already been explained. The reconsideration procedure is carefully crafted to achieve all that the Strathclyde report seemed to be searching for.

I believe that the adoption of this amendment, for this Bill, for all other EU Bills and as a precedent for all future secondary legislation, would be a hugely beneficial step forward. Popular with MPs and Peers alike, in time I suspect that it would soon be seen as a major improvement in our working mechanisms by Ministers and civil servants themselves. While not abolishing our established right in the Lords to reject an SI outright, I doubt that that would happen any more often than it has in recent years. However, the major advance would be that the regret, the delay and the complicated conditional Motions would surely become almost completely redundant. Instead, the reconsideration option set out in this amendment would be far more effective and would improve the eventual legislative product. Perhaps we should refer to it in future as the Strathclyde solution.

Meanwhile, whether or not Brexit actually happens, here is a golden opportunity in a previously unbalanced area of lawmaking for this House to enable the British Parliament to take back control.

[Lord Adonis]

My Lords, we can already see this evening what will be the Government’s formula to get these statutory instruments through: they will produce them at 12 minutes past midnight, put forward the noble Baroness, Lady Goldie, to propose them, and then they will go through on the nod with nobody daring to protest and us all thinking that it was the best possible thing that could happen.

The real danger facing us is not the procedure; I think we can get too hung up on that. In particular, I do not agree with the noble Lord, Lord Sharkey, when he said that there was great constitutional tension caused by the rejection of the tax credits orders. The crucial thing to remember about that rejection is that the Government accepted it immediately—they did not seek to reverse the rejection in the Commons because they knew that they did not have the majority for it in the Commons. It was a legitimate use of your Lordships’ role, which is to require the House of Commons to think again. What in fact happened, under the smokescreen of the Strathclyde report, was that the Government were forced to think again, they did not have a majority and they backed down.

The real issue with these regulations, which no one has an answer to because we are in such unprecedented circumstances, is not the precise procedure—although it is better to have an affirmative procedure than a negative one for issues of consequence—but the volume of orders that will hit us. It is going to be colossal, given the scale of law that has to be transposed and the amount of consequential legislation that is going to follow in the process of transposing it. Nothing that I have heard in our consideration so far gives me any reassurance at all that we are going to be able to cope with the sheer volume of it—unless the noble Lord, Lord Taylor, with his great skill in these matters, manages to ensure that all these orders come before the House between midnight and 4 am, when they will be proposed by the noble Baroness, Lady Goldie, and will all go through without us really realising what has happened, under a kind of parliamentary anaesthetic, which she does such a good job of imposing on us all.

[Lord Norton of Louth (Con)]

My Lords, I support the amendments that have already been spoken to most eloquently by the noble Lords, Lord Lisvane and Lord Sharkey. I have added my name to Amendments 237A and 239A. The only reason my name does not appear on Amendment 237 is that others got there before me. I will keep my comments brief as I am conscious of the time and I do not wish to repeat points that have already been made by noble Lords, although I appreciate that that did not stop quite a lot of noble Lords earlier in our proceedings.

I serve on the Constitution Committee of your Lordships’ House, and to some extent these amendments cohere and flow from what we put in our report. I remind the Committee of what we said in paragraphs 227 and 228:

“The Bill does not give the sifting committee(s) power to strengthen the parliamentary control of an instrument, only to recommend that it be strengthened. We recommend that committee(s) should be empowered to decide the appropriate scrutiny procedure for an instrument, subject to the view of the House, in order to provide the necessary degree of parliamentary oversight”.


The report continues:

“In our view, the Bill as drafted proposes scrutiny measures that are inadequate to meet the unique challenge of considering the secondary legislation that the Government will introduce once the Bill is passed”.


The amendments that have been put forward meet the balance that is necessary in order to deal with the volume that will be coming to us but in a way that strengthens the House in relation to the Executive. They achieve some degree of the recalibration that is necessary in the Bill.

I have considerable sympathy for Amendment 238, tabled by my noble friend Lord Hodgson of Astley Abbotts, but the amendments that have been moved strike the right balance and I hope that the Government will look favourably on them because, if they do not, we may have to move more in the direction of the amendment proposed by my noble friend Lord Hodgson.