My Lords, I would like to make a Statement on the Government’s response to my noble friend Lord Strathclyde’s review into secondary legislation and the primacy of the House of Commons. The Government will publish their response to his review shortly and write to the Select Committees which have reported on the issue. As there has been media speculation this morning, I am making a Statement now because I know that this is an important issue for your Lordships’ House and I want to be clear about the Government’s position.
Noble Lords will recall that the former Prime Minister commissioned my noble friend Lord Strathclyde to undertake a review following the decision by the House of Lords to withhold agreement to a tax credits SI. Underpinning that decision and, indeed, the subsequent
work of my noble friend’s review, was the desire to strike the right balance between recognising and upholding the vital role this House plays in scrutinising legislation and ensuring that the elected House has the final say, for while that is clear on primary legislation, where the Parliament Acts provide for the will of the other place to prevail, there is no such mechanism for secondary legislation.
I would like to thank my noble friend Lord Strathclyde and his panel of experts for undertaking the review and producing a comprehensive and balanced report. In his report, my noble friend considered three options for securing the primacy of the elected House in relation to statutory instruments, recommending his third option. The Government have considered these recommendations carefully and listened to views across both Houses, including those expressed by four parliamentary Select Committees, three of which are in this House.
The House has clearly signalled that it recognises the importance of working constructively together as noble Lords scrutinise the legislative programme before us. I would like to thank noble Lords across this House for the spirit of partnership that has been shown.
The Government agree with my noble friend Lord Strathclyde’s conclusion that on statutory instruments, as with primary legislation, the will of the elected House should prevail, and we believe that his option 3 provides a credible means of achieving this. However we do not believe that we need to introduce primary legislation at this time. We recognise the valuable role of the House of Lords in scrutinising SIs, but there is no mechanism for the will of the elected House to prevail when they are considered, as is the case for primary legislation. The Government are therefore reliant on the discipline and self-regulation that this House imposes upon itself. Should that break down, we would have reflect on this decision.
This House has an important role to play in scrutinising and revising legislation, and the Government recognise this. As we will find ourselves considering the legislation resulting from the decision of the British people to leave the European Union, the constructive approach this House has so far shown will be ever more important.
11.55 am