Childcare Bill [HL] — House of Lords, 2015-07-01
Topic: Government Operations
Angela Smith (Labour, Centre-left): My Lords, I apologise for detaining the House prior to Committee but I had given notice to the Government that I would be speaking on this matter. I am grateful to the noble Lord for his explanation. It is unusual when a Minister moves a Bill to be taken in Committee that he makes such a lengthy statement and I think it is an indication of the concern that has been expressed around your Lordships’ House that he has chosen to do so today. It is helpful to a degree and I am grateful to him for doing that. Perhaps we would not have had that statement today had it not been for the report from the two committees and our intention to speak today prior to Committee This is an important Bill, and we all want to ensure that there is proper and effective consideration of it. However, the way in which the Government have brought forward the Bill has serious implications for how we as a House consider legislation and fulfil our constitutional obligation as a revising Chamber. We cannot revise that which is not there. The primary role of your Lordships’ House is effective scrutiny. That Ministers accept so many amendments in your Lordships’ House, and propose others following our debates, is evidence that this role is valued by Governments in improving legislation At Second Reading, concerns were raised about the lack of detail in the Bill from all sides of the House, including from noble Lords on the Government Benches. Since that debate, both the Constitution Committee and the Delegated Powers and Regulatory Reform Committee have reported. The Constitution Committee today says that this is, "a particularly egregious example" of the kind of legislation coming forward from government, and, "an example of a continuing trend of constitutional concern to which we draw the attention of the House" The Delegated Powers and Regulatory Reform Committee, in its report published on Friday, agreed with many of the concerns that were raised at Second Reading and said that it was: "Unable to understand why the Bill has been presented in a skeleton form only" Rarely has this House seen such stark criticism of a Government’s failure to provide the information needed to allow proper consideration of legislation at the start of a Bill for Second Reading, or indeed for Committee. The Delegated Powers Committee rejected the Government’s bizarre assertion in their report that, "too much detail on the face of the Bill risks obscuring the principal duties and powers from Parliamentary scrutiny" Surely it is the purpose of this House to examine the detail of a Bill. The committee also rejected the notion that regulations can be published at a later date to deal with what the Government referred to as, "operational, administrative and technical details" The committee has been very clear that the use of regulations in this way is "inappropriately wide", "flawed", "vague" and that more detail is essential, otherwise, "the House will have insufficient information … for a properly informed debate" Most damning of all, the committee also rejected, "the Government's attempt to dignify their approach to delegation by referring to a need to consult" I think we heard from the Minister’s statement that the committee is highly regarded by your Lordships’ House and by Governments, who rarely fail to give effect to its recommendations. This is not at all a party-political matter—far from it. The committee is cross-party, and we on these Benches support the aims of the Bill. However, for this House to do its job it must have more than the bones of a policy to scrutinise. Our concerns, as the Government will understand, are wider than the Bill. The fact that the Minister has been brought to the House to make quite an unusual statement before the start of Committee today, as welcome as that is, is an indication that the information to date is completely inadequate. Therefore, with the wider concerns that no Government should consider this to be an appropriate approach to legislation or business in your Lordships’ House, I would be grateful if he can clarify some points The Minister said that there have been discussions among the usual channels, and the Report stage will not come forward before October. I will press him a bit further, as I was not 100% clear about that from the other comments he made. We are looking for guarantees and assurances on just three points about information being available, not by a specific date but prior to consideration on Report. The Minister may have addressed those points in his comments, but I will be grateful if he could confirm, first, that the committee’s report is followed up by the Government and effect given to its recommendations to amend the Bill. He said that he would take consideration and take note, but I was not sure if he said that he would bring forward amendments as the committee recommended. Secondly, the draft regulations that were provided for consideration must also be available prior to Report. Thirdly, the most crucial piece of information we require is that the financial report, which is the basis on which this policy will succeed or fail, will be made available before Report We do not in any way want to delay consideration in Committee, but we recognise—I think the Minister has gone some way towards recognising it today—that without this information, despite the best efforts of noble Lords who will take part in this debate, scrutiny will be inadequate. That information is essential for Report, otherwise we could not consider the Bill effectively. Finally, on behalf of the whole House, can we have a categorical assurance from the Government that this will not be their approach to any future legislation?