Government: Draft Legislative Programme

My Lords, this has been an interesting debate, but it is no substitute for the real thing; namely, the debate on the gracious Speech. Some noble Lords have given it a more cautious welcome than others. For example, my noble friend Lord Marlesford effectively said that the proof of the pudding is in the eating. We will all be watching carefully. Many noble Lords have spoken on some of the Bills referred to in the programme. I propose to speak mainly about the principle of issuing a draft legislative programme in this form at this time. In their early years, this Government considered abandoning the concept of the parliamentary Session. I hope that this is not the next step in the direction of apparent change for the appearance of change’s sake. The existence of an annual parliamentary Session punctuated by State Opening and Prorogation is a useful discipline. It is useful to government in that it requires timely preparation of legislation and is useful to Parliament in that the risk that a Bill might be lost in the absence of compromise is one of the few remaining weapons it has to restrain the Executive. I hope the Minister will confirm that the gracious Speech and the well tested rhythm of our Sessions will not be challenged by presidential devices of this kind. I appreciate the party loyalty of the Labour Peers who have spoken. While echoing the questions—I might almost say scepticism—of the noble Lord, Lord Shutt of Greetland, I do not share the enthusiasm of some of his colleagues. We always benefit from hearing from the noble Lords, Lord Goodhart and Lord Thomas of Gresford, on legal and constitutional matters, and today was no exception, but would it not be helpful for the House to hear from the noble Lord, Lord Lester of Herne Hill, whose insight on these matters is now far greater than others, given his new role? If we are discussing the government programme, where are those other advisers? Would it not be appropriate for the noble Baronesses, Lady Neuberger and Lady Williams of Crosby, to be here to account to the House and, especially, to hear its views? Many, even on the government Benches, would be interested to hear how Ministers are being advised. There are measures in this list that we welcome and some we do not, as my noble friend Lord Strathclyde said in his response to the Statement. We look forward to debating the legislation in detail in November at the appropriate time. Will the Minister expand on those Bills expected in the gracious Speech that were not mentioned in the Prime Minister’s speech? As it would be helpful to noble Lords, can he also say which of these Bills will start in the Lords? Is it not surprising that there was no mention in the Prime Minister’s speech of a Bill to provide for a referendum on the EU constitutional amending treaty? Only this week the full scope of the treaty was revealed by the publication of a coherent text. It is the constitution in all but name. A referendum on that was in the Government’s manifesto, written under the guidance of none other than our new Prime Minister. Will he not honour that commitment? I believe I am right in saying that the Liberal Democrat manifesto also said that ratification should be subject to a referendum of the British people. To join with the Government on this would truly be to join a coalition of dishonour. I have serious reservations about the PR element of a Prime Minister’s speech on his legislative programme. This is not the United States, with an executive president coming down to Congress to make a set-piece statement. I hope it will never come to that. But the risk—it is a real risk—of the Prime Minister’s speech is that it will cut across the important work increasingly done in the orderly preparation and pre-legislative scrutiny of legislation. We have the tried formula of Green Papers, White Papers, draft Bills and pre-legislative scrutiny of Bills by committees of your Lordships' House and the other place, which works well. It is sensibly spread out over the Session. If the idea of a Prime Minister’s speech takes off, we will have an additional punctuation mark in the year. The pressure will be on—perhaps I may put it this way—to sex it up so that it makes a splash. After all, much in this programme has already been well trailed. I fear that the imperatives of spin could get in the way of the necessities of orderly government. While any appearance by a Prime Minister in the other place is welcome after the absentee landlordism of the past 10 years, I would ask the Government to reflect carefully before making this a permanent feature of our parliamentary year. Before I sit down, I wish to echo strongly a point made by my noble friend Lord Strathclyde in his response to the Statement and by my noble friend Lord Norton of Louth again today. We desperately need, not another gimmick laid on top of pre-legislative scrutiny, but real and meaningful action to deliver post-legislative scrutiny. That is where so much seems to go wrong. Legislation, and legislation in the form announced by Ministers, becomes a be-all and end-all. The humiliating, but welcome, action taken by the Prime Minister to junk the idea of a super-casino, to review cannabis classification and to revisit 24-hour drinking are all cases where warnings given in this House were completely ignored. Evidence now suggests that this House was right. Will there be Bills to revise the gambling and licensing Acts? Do we not need a lot less spin before legislation, a lot more listening during legislation and a lot more reflecting after legislation?