Parliamentary Standards Bill

My Lords, last week, during the second day in Committee, we had a brief debate on the relative merits of two alternative arrangements for the review of the Bill after two years. The common ground between our amendment then, proposing a sunset clause, and that from the noble Baroness the Leader of the House, proposing a renewal clause, was that since the Bill had been given a fast-track procedure it should be looked at again within this two-year period. This reflected a generally expressed view in the other place that such a process was desirable. There was very strong support from the Conservative Front Bench, and indeed that was reflected again last week when the noble Lord, Lord Strathclyde, supported our amendment for a sunset clause. Indeed, in the debate against a sunset clause in the other place there were only two strong arguments: the first was that one year is too short, but we have met that; and the other was that it was not necessary for the whole Bill to be subject to a sunset clause, it was only those parts of the Bill from Clause 5 onwards that might require that process. There was also strong agreement in your Lordships' House last week that some form of review was required. We want in this amendment to try to achieve some consensus about the best format for that review. In both Houses there has been a widespread recognition that the speed with which we have dealt with this important Bill makes it a natural candidate for some form of sunset review. I heard earlier some exchanges between the noble and learned Baroness the Attorney-General and others about whether the Bill is now perfectly formed. I think that may still be a matter of some concern. However, what is certainly true is that in two years' time we will be much better able to make sure whether that is indeed the case. The consensus we are seeking to achieve is that while everyone now accepts that some form of review is necessary within the two-year period, we are saying—and the Government agree with this—that it should take place after two years from the date of Section 6 coming into force. Again, we have sought to compromise on that. On the other hand, we part company on the mechanism that the Government have suggested by which Parliament should review the working of this extremely significant legislation. The Government wish only to have the rather cursory procedure of secondary legislation, with an affirmative resolution and all-or-nothing debate on a statutory instrument. As we pointed out last week—this was reflected very extensively in the other place as well as here—that procedure has serious defects. First, it can easily lead to a confrontation rather than a careful consideration of different parts of the process. Secondly, as so much of the eventual architecture—again I pick up the word used by the noble Lord, Lord Hunt of Kings Heath—for this new regime will be developed at a secondary level and is not incorporated in the Bill, surely it will require more than the usual oversight of statutory instruments. We had another illustration of that in the debates earlier today. The noble Lord, Lord Campbell-Savours, put a point to the noble and learned Baroness the Attorney-General about the apparent confusion between the two commissioners. In reply, she said that there were issues that would have to be examined later on. The debate that we have just had, on the amendment from the noble Lord, Lord Jenkin of Roding, also emphasised that there are some unresolved issues here. It may not be necessary to resolve them in a particular way, but clearly they are unresolved. Therefore, that is an additional reason why it will be necessary to look very carefully at what has happened since the Bill’s passage, when it comes back in two years' time. Moreover, if Members of both Houses are given only the stark choice between accepting or rejecting what I assume will be the parliamentary standards statutory instrument in 2011, they may well feel inhibited, not prepared, to seek detailed improvements to ensure that the new system is operating fairly and effectively. Finally, with no obvious improved system put before them to replace that Bill, how can they feel comfortable voting against that order? Your Lordships’ House is always reluctant to vote against a statutory instrument, for very good reasons. The other place has a similar reluctance. It would be rather unfortunate if we forced it down that path. The noble Baroness the Leader of the House suggested last week that the Government of the day might risk leaving a complete void by not bringing forward a sensible set of proposals for the renewal of this legislation. Frankly, I feel that that is entirely fanciful. I cannot understand that any responsible Government would do that. Surely the onus will be on that Government, in two years’ time, to make certain that all the lessons are being learnt, that Parliament is comfortable with any improvements that may be necessary—perhaps along the lines that have already been referred to this afternoon—so that the legislation can either be substantially reinforced or, more simply, renewed if that is all that is necessary. It could be done in a short Bill with full parliamentary scrutiny over the course of a few weeks. There need be no major logjam in the legislative programme. I beg to move.