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Statistics and Registration Service Bill

My Lords, I thank the Minister for introducing the Motion. The other place continues to assert that the rules for pre-release are more appropriately made by Ministers. It has been the consistent position of your Lordships’ House that the independent Statistics Board, created by this Bill, should set the rules. When we last debated the issue, the Minister said that the board would be consulted on the draft statutory instrument containing the rules, but he resisted the notion that consultation should be placed on the face of the Bill. We did not understand that then and we are not surprised that the Government climbed down on that in another place. Amendment No. 15F places consultation with the board in the Bill. It is not even as much as half a loaf, but we accept it none the less. The Minister has also made much of the Prime Minister’s announcement that pre-release would be reduced to 24 hours. The Government have resisted here and in another place putting that maximum in the Bill. The Minister explained that very succinctly on 9 July when he said: "““We do not want to put the length of time for pre-release access in primary legislation as we want flexibility””.—[Official Report, 9/7/07; col. 1237.]" That can mean only one thing: that the Prime Minister’s announcement of the 24-hour limit is not a maximum; it is a minimum to be varied upwards without statutory constraint. The Prime Minister’s 24-hour commitment, therefore, lacks substance. However, neither of these commitments, to consultation and to 24 hours, really addresses the core issue—that the Government should not be setting the limits at all; it should be done by the independent Statistics Board. We have thought carefully about whether we should ask the other House to think about this again. We thought especially carefully about it in the light of the views expressed by Sir Michael Scholar, the Government’s nominated chairman of the Statistics Board, when he appeared before the Treasury Select Committee in another place yesterday afternoon. Sir Michael's very clear view was that it would be preferable for the Statistics Board to set the rules. He also expressed the view that less than 24 hours would be desirable. I should say at this point that we welcome Sir Michael Scholar as chairman. He is known to many of us in your Lordships' House as a man of exceptional integrity and ability. If the Government think that they have selected someone who will be a pushover, they had better think again. The Minister in another place tried to argue that, because the Government had conceded a number of points in amendments to the Bill, that was a reason not to give in on pre-release. The Minister set out those changes again today though he did not go as far as claiming that that meant he did change have to change anything more. When the Bill was first presented it was not a good Bill, and it is now a much better Bill; but the fact that the Government accept that they got it wrong on several issues does not entitle them to remain in the wrong on the issue of pre-release. All of that led me to believe that we should fight on for the principle of pre-release not being in the hands of the Government. But we recognise that the other place has clearly expressed the opposite view. We have therefore reluctantly come to the view that your Lordships' House should accept the judgment of the elected House on the issue of pre-release. The Government continue to toy with ideas of elections to this House, and we shall perhaps hear more of that later today. They should be very clear that if this House were wholly or mainly elected it is very likely that we would not give way on issues of principle such as this. So we cede this point today to the elected House. In so doing we express the strong hope and desire that the Statistics Board will act independently and forthrightly in relation to all its functions but in particular to pre-release. We want the board to speak out openly and fearlessly against the Government when necessary. The consultation on the draft statutory instrument creating the pre-release rules will give the new board an early opportunity to show us what it is made of. We shall be watching the board’s words and deeds with great interest. That leads me to my last point: who will be watching the Statistics Board once it is up and running? The case was made during our deliberations most forcefully by my noble friend Lord Jenkin of Roding—who is not able to be in his place today—that there should be a Standing Committee of both Houses set up to oversee the work of the Statistics Board. That reflected our view that the board's work is so important that it transcends departmental boundaries and should involve the expertise of both Houses. I hope that the Minister can today give the House an indication of the Government's views on this. We accept that it is a matter for the authorities of both Houses, but we all know that reality is that the views of the Government of the day are influential. I hope that the Minister will be able to conclude our proceedings on the Bill by giving some positive news on that front.