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Legislative and Regulatory Reform Bill

moved Amendment No. 91: Page 8, line 41, leave out subsections (1) to (6) and insert- ““( ) Once a draft order is laid before Parliament under section 15, the super-affirmative resolution procedure under section 19 shall apply, unless within 30 days either House of Parliament determines that, for orders laid under sections 1 or 2, the negative resolution procedure under section 17 or the affirmative resolution procedure under section 18 should apply, in which case that procedure shall apply.”” The noble Lord said: Mine is the lead amendment in what is a rather large group of amendments. The purpose of my amendment is to ensure that Parliament exercises the responsibility to determine the procedure to be adopted in respect of an order under the Bill. As the Bill stands, the Minister responsible for an order recommends that it be considered under the negative, affirmative, or super-affirmative resolution procedure. Within the set time limit, either House can determine that an order be considered under a higher procedure if recommended for consideration under either of the first two procedures. I appreciate that ultimately Parliament can determine the procedure. However, I wish to shift the onus from the Minister to Parliament and for Parliament to adopt a proactive rather than a reactive role. My reasons are twofold. First, in terms of principle, I believe that Parliament should have greater responsibility than it presently has for determining its business. The British Parliament, or rather the British House of Commons, is distinctive among legislative chambers in the extent to which the Executive determine the business of the House. Experience elsewhere shows that allowing a chamber greater say over its own timetable does not prevent the Government getting their business. However, it can be of value, in ensuring that the time is more effectively used in subjecting Government to scrutiny. I certainly believe that Parliament itself should be, as far as possible, the master of its own procedure. That is my starting point. My second point is specific to this provision. As the Bill stands, there is a danger of Parliament missing the significance of a particular order. A Minister may recommend that an order be subject to the negative resolution procedure and each House may assume that it is not of great import, focusing instead on orders recommended for one of the other procedures. If a committee does not recognise its significance, I doubt whether the Chamber will do so. A great deal rests on the vigilance of the committees. Under my amendment, Parliament would determine the procedure with the default option being the super-affirmative resolution procedure. To my mind, that has the double benefit of giving greater responsibility to Parliament—it moves to a proactive rather than a reactive role—and it ensures that no order slips under the net, with an order of some significance getting through under the negative resolution procedure. Under my amendment the responsibility rests on each House to check an order as soon as it is laid by a Minister and to decide whether it merits being moved from the super-affirmative to the affirmative or negative resolution procedure. It places a far greater onus on Parliament and it means that no order is neglected. I have a great deal of sympathy with Amendment No. 79 in the name of the noble Lords, Lord Goodhart and Lord Maclennan. They make an important point regarding primary legislation and I fully support the case that they make. I do not think that their amendment is necessarily incompatible with mine. I can see a case for ring-fencing orders that create or repeal primary legislation, subjecting them to the affirmative or super-affirmative resolution procedure. I think we could possibly bring together the two amendments to ensure that orders are subject to the appropriate level of resolution procedure, with the level of ministerial discretion or involvement in determining that limited or removed altogether. The more we can do to strengthen the involvement of Parliament in the process the better. I beg to move.