Statutory Instruments (Amendment) Bill [HL]

Lord Wallace of Saltaire Excerpts

Friday 18th October 2024 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, this is a modest but constructive proposal for a change in the way in which Parliament and the Government interact. I very much hope that the Government will welcome it and give it their support or take it forward in some other way. We are talking about balance: the very important balance between Parliament and the Executive, and the equally important balance between primary and secondary legislation.

There is a major underlying principle that I have become more and more irritated about during my years in this House. One hears people talking about the principle of parliamentary sovereignty—how that is the foundation of our constitution—but the reality, we all know, is prime ministerial sovereignty, Executive dominance and “elective dictatorship”, as a former Lord Hailsham described it when in opposition. He of course did not think that way when in government. I noticed that on the Conservative Front Benches only a week ago the noble Lord, Lord True, said, in effect, that this Government were behaving like an elective dictatorship. It is not something he would have been saying a few months ago.

One sees a new Government coming in and one hopes that the quality of governance will improve. So far, the signs are not good. One sees Ministers wishing to rush ahead with a whole set of proposals. One sees reports that Labour Whips are telling their MPs that under no circumstances are they to vote against any government proposals. That does not have much to do with parliamentary sovereignty.

What we saw under the last Government was a situation in which primary legislation got more and more like skeleton Bills, secondary and tertiary legislation increased and, as Ministers came and went every six to nine months, the belief that they should act immediately and push something else through meant that we had inconsistent policies and, frankly, increasingly bad government. Good government is slow and considered government, with rationales for what is being proposed and with impact assessments.

The Bill proposes that the Government should be willing to think again and that, when there is secondary legislation, some mechanism should be provided to make the Commons and the Government think again. I remind the Minister that the Delegated Powers and Regulatory Reform Committee’s report says:

“The abuse of delegated powers is in effect an abuse of Parliament and an abuse of democracy”.


We are not talking here about the primacy of the Commons; we are talking about the fundamental importance of parliamentary scrutiny for democracy in holding the Government to account.

The second report said that,

“if because of modern conditions Parliament is being asked to accept new ways of legislating, then it is surely right that the Government must stand ready to accept new methods of scrutiny”.

So I ask the Minister: will the Government accept that we need to change the rules? Do they also accept that that has to be done by primary legislation? Or do they agree with the comments of the Hansard Society that this could be done by changing the Standing Orders of both Houses? In which case, would the Minister agree to look into that and see how quickly it might be done?