My Lords, I am very happy to follow the previous three speakers—my noble friend Lord Berkeley, the noble Lord, Lord Patten, and the noble Baroness, Lady Bennett. In 1974, I made my maiden speech on industrial safety and served on the Standing Committee that introduced the Health and Safety at Work etc. Act, so I appreciate the broad encompassing nature of that legislation. I do not intend to repeat anything that the previous speakers have said, but to ask six questions. I will expect answers probably not from the Minister today but at some point by letter.
First, how many other delayed orders are lying around in the department? What is the list of current issues about which the department says, “Oh, we are waiting for parliamentary time. This is something we need to do”?
Secondly, has the Minister asked any questions about the delay? In some ways, I would expect the answer to that in her wind-up. I am keen to know because there are obviously different Ministers with different responsibilities in the department. Have Ministers asked questions about delayed orders that have been put on the rack over the 11 years of slothfulness?
Thirdly, in relation to these regulations, have there been representations at any time over the years from the Welsh, Scottish or Northern Ireland Governments? These regulations cover the UK and, therefore, the devolved Administrations are involved and affected. Have those Governments raised the issue of the delay with the Westminster Government and the department?
Fourthly, is there any record of trade union representations made over the years regarding why this statutory instrument has been delayed? From what the noble Lord, Lord Patten, and my noble friend Lord Berkeley said, we are dealing with an area that is probably not well unionised. Nevertheless, representatives have a legal responsibility to be asking the questions. Have there been any trade union representations over the years about the 11-year delay?
The fifth question is whether any Select Committee ever raised the delay, over the years, during other inquiries. These things pop up from time to time, as I
have found from sitting on the EU Energy and Environment Sub-Committee. All kinds of ancillary issues were raised, which we sometimes went off at a tangent on and inquired about ourselves, so it would be interesting to know about that pressure.
My sixth question is whether the issue of this order and its going to Parliament, because that recommendation was there, was covered in any of the new Ministers’ briefs for the 2010, 2015, 2017 and 2019 general elections. In my cellar, I have the first-day briefs for the departments I was moved to in Whitehall—six of them. I have a big one for 1997, when there was an expectation of a change of Government, but that is not the issue. This still happens when the Government do not change. The department has to produce briefs for incoming Ministers—the Government might change, but departments do not know that until election day—of the current workload on the department, the current issues and what requires parliamentary time. I want to know whether this order and the recommendation requiring it to go to Parliament were covered in any of the first-day briefs for new Ministers, after any of those four general elections, because it is the responsibility of the accounting officer in the department to make sure that those briefs are full and comprehensive.
I do not expect the Minister to answer these questions now, but they are quite specific, so I would like detailed answers that the House can see, in due course.