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Pensions Bill

My Lords, I support my noble friend in pursuing his original amendment. The Government have only themselves to blame for the fact that the Motion is before us. Had they responded to and acted on the Law Commission’s report on post-legislative scrutiny, there would be no need to pursue the case for such scrutiny on an ad hoc basis. The Law Commission published its report in October last year. The Government are committed to providing a detailed response to all commission reports as soon as is practical and, as the former DCA website states: "““In any event, the relevant department will provide at least an interim response to the Commission within six months of publication of each report””." Nine months on, we are still waiting. At Third Reading, the Minister said: "““We are consulting across government before we respond formally to the commission’s proposals in the coming months””.—[Official Report, 11/7/07; col. 1418.]" The Minister’s reply was the same as that given to justify the delay in responding to the report of the Merits of Statutory Instruments Committee on the management of secondary legislation. That report was published in March last year and the Government’s response was debated in this House at the end of November. The justification for the delay—consultation across government—meant that it was proving difficult to gain agreement from departments because, I suspect, officials realised that the recommendations, if implemented, smacked too much of hard work and there was a lack of leadership from the top. The result was a response that came from the bottom up, rather than from the top down. The noble Lord, Lord McKenzie, would be well advised to read in that debate the concluding comments of his noble friend Lord Filkin, chairman of the Merits Committee. I very much hope that we will not see a repetition with a late and meagre response on this occasion. The delay is far from encouraging. There is movement within Parliament, primarily through the Liaison Committee in the other place, but not much, apparently, within government. The noble Lord, Lord McKenzie, said at Third Reading that accepting the need for post-legislative scrutiny of this Bill might pre-empt some of the Law Commission’s recommendations. That does not follow. The Motion is not prescriptive in terms of form, which I regard as a strength not, as the Minister does, a sign of weakness. There are precedents for providing for post-legislative review in specific cases, as shown in appendices to the Law Commission report. In any event, as my noble friend pointed out, the case is now conceded by the Minister’s own amendment. The principle embodied in my noble friend’s Motion is important. The Government, as the Minister indicated, now accept the principle. During the Committee stage of the Legislative and Regulatory Reform Bill, the noble Lord, Lord Bassam, declared: "““We … believe that all departments should keep their legislation under review””.—[Official Report, 10/7/06; col. 494.]" However, the Government have yet to deliver a mechanism for such review. The Minister’s amendment accepts now the case for review in respect of the Bill, but the delay until 2017 is essentially a long-grass provision. The chances of it being undertaken earlier are, I suspect, slim. The response in the other place to the amendment passed by this House can be challenged on two grounds. First, as my noble friend said, the amendment was not debated. Secondly, the reason given for the rejection is at odds with the Minister’s amendment. The Commons reason is that post-legislative scrutiny is unnecessary. The Minister’s amendment provides for post-legislative scrutiny—albeit at a point too far in the future. The Government thus concede that the reason given by the Commons is flawed. The case for post-legislative scrutiny is compelling and I trust that by pursuing this Motion we will spur the Government not only to accept the case for it on this Bill but to respond positively to the Law Commission’s report. I support my noble friend’s Motion.