Procedure Committee

Lord McFall of Alcluith Excerpts

Wednesday 11th July 2018 Lords Chamber

Moved by

[The Senior Deputy Speaker]

That the 5th Report from the Select Committee European Union (Withdrawal) Act 2018: Sifting of proposed negative instruments by the Secondary Legislation Scrutiny Committee; Consideration of Commons Amendments; and Grand Committees on Questions for Short Debate (HL Paper 163) be agreed to.

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

My Lords, the report covers three areas. The first concerns sifting arrangements for certain instruments laid under the European Union (Withdrawal) Act 2018. For some regulations laid under the Act, the Minister will have a choice about whether to apply the affirmative or the negative resolution procedure. This is unusual, and the withdrawal Act includes a sifting procedure so that Parliament has an opportunity to comment on the Minister’s choice.

The new sifting procedure requires that where a Minister decides in favour of the negative procedure, a proposed negative instrument will be laid before Parliament accompanied by a statement explaining why that procedure has been chosen. The proposed instrument will be considered by sifting committees in each House, which will be able to recommend that an instrument should be upgraded to the affirmative procedure. In this report, the Procedure Committee is recommending that the Secondary Legislation Scrutiny Committee should undertake this sifting function and, as a result, that certain changes should be made to that committee’s terms of reference. These include giving the committee power to form sub-committees and, in the interests of time, allowing the sub-committees to report directly to the House.

In addition, the Procedure Committee is recommending a new Standing Order 70A to enable proposed negative instruments to be laid in the recess. This mirrors current Standing Orders in relation to negative instruments, and similar provision has been proposed in the House of Commons. I should make clear that this will not affect the Secondary Legislation Scrutiny Committee’s ability to examine and report on proposed negative instruments. This is because the scrutiny period set out in the Act is expressed in terms of sitting days. The clock will not therefore run in recess, although staff will be able to prepare papers and other issues during the recess.

Secondly, the report seeks to address an ambiguity in the Companion relating to the rules during consideration of Commons amendments—often referred to as ping-pong. It recommends that, during ping-pong, if a Member with a proposition on the Marshalled List is absent or says, “Not moved”, any other Member of the House may move it. This follows the procedures we have for other types of amendment.

Finally, the report recommends an increase in the frequency of Grand Committees on Questions for Short Debate so that they take place once every five sitting weeks—rather than once every six sitting weeks at present—and that each such Grand Committee should cover four QSDs rather than the five at present.

It may also be helpful to the House if I say a few words about the amendment to the Motion tabled by the noble Lord, Lord Trefgarne. At its last meeting, the committee considered a proposal from the noble Lord that the franchise for hereditary Peer by-elections should be extended to all Members of the House. However, there was little support for the proposal, and the committee agreed not to recommend any changes to the Standing Order governing heredity Peer by-elections. I beg to move.

Amendment to the Motion

Tabled by

--- Later in debate ---

[Lord Grocott]

Even if he did not move it—

[The Senior Deputy Speaker]

This may confuse things even more, but I am informed by bush telegraph that the noble Lord, Lord Trefgarne, did not move his amendment.

[Lord Trefgarne]

My Lords, I apologise that I did not proceed as I should have done. I beg to move the amendment.

--- Later in debate ---

[The Earl of Caithness (Con)]

My Lords, perhaps I may ask a question about transparency. Would it not be within the bounds of possibility that whatever is discussed in something like the Procedure Committee is noted for us? If this matter had not been raised, one would not know as a Back-Bencher what had been discussed. Surely it would be quite easy to say that this matter was discussed but not agreed to.

[The Senior Deputy Speaker]

My Lords, the Procedure Committee minutes will be published and it will be noted, and I can say as chair of the committee that there was negligible support for the proposition. That will be a matter of record. The noble Lord, Lord Grocott, raised a point about making his speech. He will have a chance again to make the same points on Friday 7 September, when his Private Member’s Bill will be discussed. We look forward to that.

Far be it from me to get between the noble Lords, Lord Grocott and Lord Trefgarne. I have been a friend of the noble Lord, Lord Grocott, for many years—he has been a good friend to me—and, since I have taken up this position, the noble Lord, Lord Trefgarne, has been most courteous in his dealings with me, both on the sifting issues regarding the Secondary Legislation Committee and in giving me notice of his amendment.