House of Lords: Strathclyde Review

Lord Cormack Excerpts

Thursday 17th December 2015 Lords Chamber

[Baroness Stowell of Beeston]

Like the noble Baroness, and as I have already said, I feel very strongly and care passionately about this House having the right to scrutinise and challenge the Government and to do what it is here to do as far as primary and secondary legislation, and policy more generally, are concerned. I welcome what she said about my noble friend’s report.

However, by her contribution she has also illustrated what I am trying to say to the House. I do not want to debate the substance of the policy, because we are talking now about procedures. Back in October, the noble Baroness was at pains to tell the House that her amendment was not a fatal Motion but that it would allow the Government to think again. But it was never established in fact that what she was doing did not amount to a fatal Motion—we were in disagreement about it. There is no definition of these things in the Companion. We have a choice: we either withhold our consent or we give our consent. It was not possible for this House, using the method that the noble Baroness chose, to ask the Government or the House of Commons to think again, because we do not have that facility. We either approve or we do not.

If the noble Baroness is arguing for this House to be able to ask the House of Commons to think again, my noble friend Lord Strathclyde, in his paper, is suggesting a way which would provide the very thing that the noble Baroness is arguing for today and argued for back in October.

[Lord Cormack (Con)]

My Lords—

[Lord Richard (Lab)]

My Lords—

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, I am sure the House would wish to hear from the noble Lord, Lord Richard, but it is the turn of the Conservative Benches.

[Lord Cormack]

My Lords, I am most grateful. I am sure we are all grateful to my noble friend for what she has said, but I would ask her two things. First, it is right that we should have a full and extensive debate. However, as this report has been produced on the eve of the Christmas Recess, can we have a week or two after we come back where we can talk together informally, across the House, and then have a well-informed debate? Secondly, can that debate be informed by the fact that it is the Government who are answerable to Parliament—not the other way round—and by the fact that we are in this mess largely because of the appallingly inefficient way in which the other place deals with secondary legislation? It is therefore crucial—I ask my noble friend to talk to her colleagues in Cabinet about this—that the other place also debates this matter in detail, so that we have a more satisfactory balance in the way both Houses look at secondary legislation.

[Baroness Stowell of Beeston]

As my noble friend may not have had an opportunity to study my noble friend Lord Strathclyde’s report, he might not yet have spotted that it includes a reference to the other place and its role in secondary legislation. My right honourable friend the Leader of the House of Commons is also making a Statement today in the other place about this same topic.

As for when we will schedule the debate in January, clearly we will have to consider the timetabling of it alongside other matters when we return. However, my main commitment to this House is that there will be a substantial debate; it will be in government time; and we will do so early in the new year.