Legislation: Skeleton Bills and Delegated Powers

Lord Liddle Excerpts

Thursday 6th January 2022 Lords Chamber

[Lord Liddle (Lab)]

My Lords, I too congratulate the noble Baroness, Lady Cavendish, on introducing this debate and on the way that she shows originality and independence, as she does in her FT column. We are very grateful to her.

I have been on a steep learning curve on these issues, having spent a lot of my life in the shadows, as an adviser to senior politicians and Ministers. Recently, in the last 10 years, I have learned quite a bit about the importance of Parliament, which I had not quite appreciated before. I had the luck briefly to be a member of the Secondary Legislation Scrutiny Committee. Under the tutelage of its excellent clerk, her advisers and its excellent chairman, the noble Lord, Lord Hodgson of Astley Abbotts, as well as other distinguished members, such as the noble Lord, Lord Sherbourne, I learned an awful lot. Like the noble Lords, Lord Norton and Lord Janvrin, I have come to the view that it is time that we showed a bit of muscle on these questions.

There is a way through this that does not, as it were, throw the whole question of secondary legislation up in the air. It is there in the reports that have been the background to this debate. First, we need a process for the certification of skeleton Bills. One suggestion that struck me as a good one was that this would be done by the Speakers of this House and of the Commons, rather like the way that money Bills are certified. So skeleton Bills would undergo a process of certification, and, when a Bill or part of it was so certified, we as a House would take additional powers over the statutory instruments that flowed from the use of those skeleton Bills.

We should look at the power to make references back from the SLSC to the department on draft SIs before us. We should be able to propose amendments. Ultimately, the whole House, in extremis, should have the power to reject the statutory instruments that we regard as an abuse of delegated powers. I think this would lead, albeit in a small set of cases, to a transformation of departmental practice and the change in culture on the part of the Executive that a lot of us are looking for.