Legislative and Regulatory Reform Bill

I do not understand anything about the Government’s approach to the Bill. They have been dragged, kicking and screaming, to the realisation that they could not get through their entirely preposterous original proposals. They are in full retreat, making concession after concession, but even now they do not seem to understand the basic principles that underlie the many criticisms levelled at the Bill from many quarters, and so are unable to respond to them adequately. The Government do not propose a Select Committee veto on procedure. It is transparently obvious that the most that Select Committees can do is to make a recommendation in that respect. I emphasise that we are not talking about a veto on an order itself, as Ministers could always use an alternative procedure to bring forward an order if the original procedure were rejected. They could use for that purpose the primary legislation that in normal circumstances would be the proper vehicle for introducing an order and, in turn, that would mean that an order would be properly scrutinised by this House and the other place. That alternative was always open to Ministers, but the idea was to institute a fast-track procedure that would avoid that level of scrutiny before an order went into a Statutory Instrument Committee. No controversial measure was to have been put through the fast-track procedure, but the proposal under consideration would allow a Select Committee to consider an order only under a very constricted time scale. The result would be that that Committee would not be able to consider an order for too long, or to listen too carefully to the voices from outside the House. The few hon. Members serving on the Select Committee concerned would be able to make a recommendation, but that could be overruled by an order of the House. In those circumstances, what would the motion put before the House contain? Would it allow a proper debate and give people an opportunity to express their concerns and say why they did not consider the fast-track procedure appropriate? Of course it would not. The matter would be dealt with at the end of the day in a business motion requiring a negative or an affirmative resolution of the House, and if anyone had the temerity to say no it would be pushed through on a deferred Division on a Wednesday afternoon. I would bet my life that the Government would have their way because no one would know about any of the arguments why they should not. What considerations can a Select Committee make in even making such a recommendation? Can it follow its instincts? Can it listen to the advice that it was given? No, it cannot. The proposals from the Minister lay down the limited range of criteria that the Committee can use in coming to a conclusion. It is improper to constrain a Select Committee’s considerations in that way. I know of no circumstances in which Ministers have tried by statutory means to restrict the activities of a Select Committee of the House.