Statistics and Registration Service Bill

I beg to move,"That this House insists on its disagreement with the Lords in their Amendments Nos. 12, 13, 15, 20, 67 to 70 and 72, does not insist on its Amendments 15B and 15C, but proposes the following amendments to the words restored to the Bill by disagreement with Lords Amendment No. 15: (a), (b) and (c)." We are dealing with pre-release, which is the final point of contention relating to the Bill. Since our last debate on the Floor of the House, the Prime Minister has announced that the Government will call for a vote to confirm the recommended candidate for the chair of the Statistics Board, before the measure goes to the Queen. That is in addition to our commitment to reduce further the length of time for which pre-release access is available to 24 hours for all UK-wide and reserved statistics. Hon. and right hon. Members will recall that the previous agreement was for 40.5 hours. By committing to reduce pre-release access from the current period of up to 5 days to what will now be a maximum of 24 hours, the Government are demonstrating that they have listened and responded to the views expressed during the debates on the Bill in both Houses. It is time that the Government were given credit for the moves and changes that have been made during the Bill’s passage. Under the proposals, it remains up to the Government to determine the precise content of the new pre-release arrangements under the new system, but our commitment today is to provide on the face of the Bill that the board must also be consulted. Moreover, pre-release arrangements will be set out in secondary legislation. The affirmative 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 for which pre-release access is available to a maximum of 24 hours for reserve statistics. It has been more than 60 years since the previous statistical measure appeared before the House. We are concerned to ensure that the Bill leaves the House as ““future-proofed”” as possible in case it takes another 60 years to introduce another statistics Act. We want to ensure that the statistical community of the future operates under a system that is sufficiently flexible to remain relevant as needs change. The Government are therefore providing for pre-release arrangements to be contained in secondary rather than primary legislation. That is sensible, prudent and appropriate. The processes will provide a powerful role for the board in determining the new arrangements. Under our proposals, the role will be confirmed in the Bill. It has never been the Government’s intention, in including pre-release arrangements in secondary legislation rather than in the Bill or the code of practice, to give Ministers a free rein. The proposed arrangement would not lead to such an outcome. It ensures that pre-release arrangements are subject to public consultation, parliamentary scrutiny and open debate. As I announced on 2 July, there will be a public consultation on the proposed content of the statutory instrument. 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. As hon. Members know from previous debates, under clause 25, the board may at any time produce a report about any matter that relates to the exercise of its functions. If it does that, it must lay it before one or more Houses of Parliament and the devolved legislatures. Since the board has functions under clause 8 to monitor pre-release access and will be consulted on the draft regulations, it may, if it wishes, prepare its response—or any concerns that it may have once the system is operational—as a formal report under clause 25. Even after a full consultation, the Bill provides that should it not be content with the outcome, or should it, in the fullness of time, wish further changes to the regime to be established in secondary legislation, it could not only call publicly for further changes, but do so in a formal report laid before the House. Clearly, were such a report prepared and laid before Parliament, we would expect Parliament—and the media—to question the Government on whether they would take up the independent board’s recommendations, and to ask, ““If not, why not?”” As I have stated previously, the Government are committed to reviewing the operation of the pre-release arrangements after 12 months. That is precisely the sort of event in which we expect the board to be closely involved—and precisely the sort of event that might trigger its members writing such a report under clause 25(3), if they wished to do that. The Bill, together with the new legislative duty to consult the board in determining the content of the pre-release regime, will ensure a strong and meaningful role for the board in influencing the content of the pre-release regime 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. The Government intend that the board should play a full and meaningful role in determining the new pre-release arrangements and ensuring that they are complied with. There is substantial consensus on the importance and value of the Bill, which will govern the statistical system in this country. We have reached consensus on most of the key structures and processes that the Bill will establish. I hope that the hon. Members will support our proposals.