Statistics and Registration Service Bill

My Lords, I beg to move that the House do not insist on its Amendments Nos. 12, 13, 15, 20, 67 to 70 and 72 to which the Commons have disagreed for their Reasons 12A, 13A, 15A, 20A, 67A to 70A and 72A and do agree with the Commons in their Amendments Nos. 15B and 15C to the words restored to the Bill by the Commons disagreement with Lords Amendment No. 15. These amendments all relate to the important issue of who, under the new system, should determine the rules relating to early access to official statistics in their final form prior to publication—the so-called pre-release access. There was a great deal of discussion on these matters not only when the Bill was last before this House but on other occasions, as indeed there was in the other place. I have in previous sittings set out in detail the Government’s rationale for the way in which they propose to handle pre-release in the new system. As I indicated earlier, the Prime Minister has since announced that the Government will further reduce the length of time that pre-release access is available to 24 hours, down from the previously agreed reduction to 40.5 hours for all statistics. By committing to reduce pre-release access from up to five days as enjoyed at present to a maximum of 24 hours, the Government are demonstrating that they have listened to the robust debate on this issue in this House and the other place. This is a big move. It amounts to an 80 per cent reduction in pre-release for some statistics. Under the Government’s proposals, as the House will know, it is for the Government to determine the precise content of the new pre-release arrangements under the new system. We propose to set out the arrangements in secondary legislation. We expect that the statutory instrument will set out rules and principles to restrict the number of people who receive pre-release access and the statistical series to which pre-release might apply. It will also restrict the length of time that pre-release access is available to the new maximum of 24 hours. We are not yet in a position to share with the House a draft of the statutory instrument—a point which would no doubt be made in our subsequent debate if I did not anticipate it now. Noble Lords may ask why. We intend to consult the shadow board when it is created on the content of the order before laying it before Parliament. The board is bound to have strong views on these issues and we want to make sure that it is consulted. This provides a powerful role for the board in determining the new arrangements. Further, putting the pre-release arrangements in secondary legislation rather than in the code of practice reflects the fact that it has never been the Government’s intention to hand a free rein to Ministers on the matter. On the contrary, there will be public consultation on the proposed content of the statutory instrument and detailed discussions with the shadow board and other interested parties before any final decisions on the nature of the statutory instrument are made. Such consultation will be key to creating rules and principles for pre-release access that are credible, practical and appropriate in the context of the wider code. There is also to be another key way in which the board will be able to influence the content of the new pre-release arrangements. As we have discussed on previous occasions, the Government expect the new board to play an important role in monitoring the production and publication of official statistics. This function is established in Clause 8(1) and (2), while under Clause 25(3) the board may at any time provide a report about any matter relating to the exercise of its functions. Under Clause 25(4), such a report must be laid before one or more House of Parliament or the devolved legislatures. So the board is active on the matter and its role is clearly created within this framework. Even after a full consultation with the board before the pre-release rules are determined, the Bill provides that should the board not be content with that outcome or in the fullness of time wish to see further changes to the regime established in the secondary legislation, it could call publicly for further changes. Were it to do so, we would expect Parliament and the wider media to question the Government quite closely on whether they were going to take up the recommendations of the independent board, and if not, why not. Such a report from the board would be bound to attract attention. In any case, the Government are committed to reviewing the operation of the pre-release arrangements after 12 months. Clearly this is precisely the sort of event that we might expect the board to be closely involved in, and precisely the sort of event that might trigger it to write a report under the provisions in Clause 25(3) should it feel it necessary to do so. Indeed, the Government believe that there would be benefit in the board putting its views on public record in this manner, regardless of the outcome of the review. As such, the legislation, together with this commitment to consult the board in determining the content of the pre-release regime, will ensure a strong and meaningful role for the board both in influencing the content of the pre-release regime itself and in enforcing the new arrangements. When the content of the secondary legislation has been agreed, it will be laid before the House for approval by affirmative resolution. Once commenced, Clause 11(3) provides that the board must treat the content of the secondary legislation as though it were part of the code of practice. In particular this means that in assessing a set of statistics for its compliance with the code, the board must assess whether the rules and principles for pre-release have been followed. If the board determines that those rules and principles had not been adhered to, for example if it determines that a person has been given pre-release access beyond that set out in the rules, the board cannot designate the statistic as a national statistic. I want to emphasise a point that cropped up in the previous debate. It will be no small matter if a statistic put forward by the department and defined as a national statistic loses its status because of non-compliance with the board’s requirements. We would expect the board to comment publicly on the reasons for its decision against the loss of national statistic status. It is safe to say that Parliament and, of course, the media would pursue the matter very vigorously indeed. At the risk of repeating myself: securing the new pre-release arrangements, which will have to be determined in consultation with the board, is not about safeguarding ministerial control over this key issue; rather, by putting the new, tighter pre-release rules in secondary legislation rather than directly into the code of practice—which is backed by statute but not set out in statute—it will be clear that these rules are backed by Parliament and by Ministers. Statisticians across government will therefore benefit from the significant authority that such a status provides for this important part of statistical practice. In summary, there will be a full and powerful role for the board under these new arrangements. The board will be consulted on the content of the secondary legislation before it is laid before the House. It will have the power to comment publicly on any concerns it may have, either now or in the future, in relation to the pre-release regime and a duty to lay such concerns before the House and the devolved legislatures. It will have a statutory duty to assess compliance with the new arrangements and to withhold or withdraw national statistic accreditation from any statistical release it finds to have been prepared or released in contravention of the new, tighter pre-release regime. I do not, however, propose to put the duty to consult the board on the content of the pre-release secondary legislation on the face of the Bill. I again emphasise, as I did in the last debate, that I do not want to over-complicate the legislation nor to over-specify matters on which the Government are already clearly committed. However, just to clarify the point, I give an undertaking to the House today, just as the Exchequer Secretary did in the other place, that the Government will consult the board on the content of the pre-release secondary legislation before it is laid before this House. Moved, That the House do not insist on its Amendments Nos. 12, 13, 15, 20, 67 to 70 and 72 to which the Commons have disagreed for their Reasons 12A, 13A, 15A, 20A, 67A to 70A and 72A and do agree with the Commons in their Amendments Nos. 15B and 15C to the words restored to the Bill by the Commons disagreement with Lords Amendment No. 15.—(Lord Davies of Oldham.)