House of Lords: Strathclyde Review

Lord Wallace of Tankerness Excerpts

Thursday 3rd December 2015 Lords Chamber

[Baroness Stowell of Beeston]

My noble friend is examining how to secure the decisive role of the elected House on matters associated with secondary legislation. Clearly, it is important that all Governments use the right vehicle to secure Parliament’s decision on their business. That is what all Governments seek to do, and it is what we have been doing and will continue to do

[Lord Wallace of Tankerness (LD)]

My Lords, given that the Leader of the House has indicated that the noble Lord, Lord Strathclyde, and his review team will take into account the views of Members of your Lordships’ House, will she take this opportunity to commend the view of one noble Lord who said in oral evidence to the Joint Committee on Conventions:

“I think we can spend a great deal of time thinking about how one could improve the convention on secondary legislation, but I would not remove the power”?

They were the words of the noble Lord, Lord Strathclyde.

[Baroness Stowell of Beeston]

Another noble and learned Lord gave evidence to the same Joint Committee—the noble and learned Lord, Lord Falconer. He said this about secondary legislation:

“The question is not: is the power there to vote against it? The question is: is there a convention that says constitutionally we should not do it?”

The answer to the question must be, and is, no.