My Lords, further to the comments and concerns expressed by the noble Baroness, Lady Smith of Basildon, I also thank the Minister for setting out the Government’s position when he moved that the House should go into Committee. It is helpful that he indicated that Report stage will not be until October, but, like the noble Baroness, I was not entirely sure what he was saying in terms of a commitment to amendments. We will therefore reserve our position with regard to anything that may come forward from the Government after they have given consideration to the many concerns expressed not only in your Lordships’ House but also, and particularly, in the committee reports that have been referred to.
This legislation has the hallmark of a party policy announcement during a general election, with the Government now desperately trying to figure out what it means and how to put it together. The comments of the Delegated Powers and Regulatory Reform Committee —which, having recently been in government, I can attest is a committee that Ministers take very seriously indeed—are some of the strongest that I can recall. The noble Baroness said, quite rightly, that it is a cross-party committee chaired by a member of the governing party. When the committee makes comments such as:
“In our view, the Government's stated approach to delegation is flawed. While the Bill may contain a legislative framework, it contains virtually nothing of substance beyond the vague ‘mission statement’ in clause 1(1)”,
it is a strong condemnation which I think shows that the Government have not given the matter adequate thought.
My real concern is that this is not the only Bill where the Government have singularly failed to make a clear case for the policy that they are advancing. People have been watching the proceedings on the Cities and Local Government Devolution Bill. That is a policy that also generally commands support but, nevertheless, we have seen in that case, too, the Government seeking to make policy on the hoof and pass through the revising Chamber legislation that fails to stand up to the most basic test of scrutiny.
I suggest to the Minister that—while it may be past praying for these Bills as they were introduced—tools such as pre-legislative scrutiny might be used more regularly when the Government want to do something that is, at the outset, somewhat unclear regarding the detail of how they wish to proceed. They might reflect on the failure to use the mechanisms available to them for this Bill and ensure that such measures will be taken, where appropriate, in the future.
The Minister said that there had been agreement to make progress. My noble friend Lady Pinnock will indicate today in Committee that we do not want to see this Bill delayed; we want the Government to get their act together and make reasonable progress with a measure that commands, I think, a fair degree of support. Primarily, our position is that we want
reassurance that, in the future, this House will not be frustrated in its fundamental role of effective scrutiny because the Bills presented to it have not been properly thought through.