Indeed, that would be an improvement. Of course, the disadvantage with draft regulations is that to amend them, we must start again. Under certain scenarios, following the procedure under the Bill would be slower than passing primary legislation. Nevertheless, the hon. Gentleman is correct that such a procedure would be an improvement.
The Minister, in his opening remarks, said that one of the safeguards would be that there would be a lot of ““consultation with stakeholders””—to use that horrible phrase. I do not think that that is enough. The difference between consultation and discussion and deliberation in the Chamber is that consultation does not include any element of challenge, of ““back and forth””. Consultation means that someone receives information without having to talk back to those who are being consulted, and is not normally challenged by them. That is the main advantage of discussion—it is creative and produces new proposals. There is a more fundamental advantage, however. Discussion and deliberation in public is part of democracy itself. The more public discussion there is, the more the Government are held to account.
The Government need reasons for their proposals that they can discuss in public—reasons that go beyond their own narrow interest. Rather than giving reasons that apply only to members of the governing party, they must give reasons in the House that are intended to persuade, and to attract support across the political spectrum. In fact, that is precisely what the Minister tried to do this afternoon. It was a very good example of how discussion in Parliament is in itself an important part of the democratic process. The embarrassment that Ministers sometimes feel when they do not have good reasons for their proposals—reasons that they can explain to others—is a constraint that favours the democratic ideal. Academics sometimes call the process the ““civilising force of hypocrisy””.
Part 1 of the Bill is entirely unsatisfactory. Like many other Members, I hope that radical amendments will be tabled in Committee and on Report. I should like at least to feel that there is some vestigial sense of the separation of powers—that there is a difference between Parliament and Ministers. I have winced on a couple of occasions when Secretaries of State at the Dispatch Box have answered questions by saying, in effect, ““I will legislate””. No, they will not legislate; we will legislate. I hope that that will remain the case in future, and that on Third Reading those of us who object to the Bill in its current form will be able to support it.
Legislative and Regulatory Reform Bill
Proceeding contribution from
David Howarth
(Liberal Democrat)
in the House of Commons on Thursday, 9 February 2006.
It occurred during Debate on bills on Legislative and Regulatory Reform Bill.
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2005-06Chamber / Committee
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