Schools Bill [HL] — House of Lords, 2022-06-20
Topic: Government Operations
Robin Granville Hodgson (Conservative, Centre-right): I have not contributed so far to this debate, either at Second Reading or in any of the subsequent stages. I am no expert in the field of education, but I wanted to contribute today, just once, in support of Amendment 168 in the name of the noble and right reverend Lord, Lord Harries, for reasons I shall come to in a minute. As he pointed out, the amendment has had pretty strong cross-party support But before doing so, I want to take just a moment to reflect on earlier days in Committee, which I sat through, covering the opening clauses of the Bill. As I have just made clear, while I am not an expert and know very little about education policy, wearing my hat as chairman of the Secondary Legislation Scrutiny Committee, listening to those earlier debates—particularly the contribution from the noble and learned Lord, Lord Judge, who is in his place—left me quite disturbed. Of course, we come to the point made by the noble and right reverend Lord, Lord Harries, that part of democracy includes, "in a Parliamentary system, a Government that is accountable to Parliament" Many noble Lords will be aware of the recent reports by the Secondary Legislation Scrutiny Committee and its sister committee, the Delegated Powers and Regulatory Reform Committee, drawing attention to the Government’s increasing use of what we have come to call framework Bills. These are Bills in which only the broadest direction of policy travel is revealed in the primary legislation and is, therefore, subject to a proper level of scrutiny, or the detail—and it is the detail that really matters—is left to secondary legislation. The hard-hitting report by the DPRRC about this Bill in particular set out the case in detail We on the SLSC have a wonderful staff, but we are concerned that we are going to be asked to report to the House on regulations which are of sufficient importance to justify a much higher level of scrutiny and consultation. The SLSC’s report, Government by Diktat, has been commented on—less so our more recent report published about six weeks ago, What Next? The Growing Imbalance between Parliament and the Executive. To be honest, it is simply not good enough for the Government to say that all these regulations are approved by both Houses. While that may be true technically, it is none the less a sophistry; as the House knows, statutory instruments are not amendable—they are either passed or rejected. Therefore, it is not surprising that when faced with this nuclear option the House has, understandably, been reluctant to press the button marked "reject" I have some sympathy with the Government’s view that public policy is evolving too fast for the rather stately pace of primary legislation to keep up. But if this argument is to be accepted, then the Government, in turn, must accept there is a need to examine and redesign our secondary legislation scrutiny procedures to cover these framework clauses—not necessarily very many of them—that come in the Bills before your Lordships’ House. Yes, it will make the Government’s job more difficult—that is why they do not like it—but better consultation and wider debate will lead to better law; most importantly and most significantly, it preserves and strengthens the principle of informed consent which is a critical part of any properly functioning democratic system. So, I urge my noble friend the Minister to encourage some fresh thinking by the Government, who have had, after all, "taking back control" as a primary policy objective I turn now to the amendment from the noble and right reverend Lord, Lord Harries. I had the pleasure—it was a privilege—to chair the House of Lords Select Committee on Citizenship and Civic Engagement on which he, the noble Lord, Lord Blunkett, and the noble Baroness, Lady Morris of Yardley—from whom we have just heard a very interesting and informed expert speech—all served. One key issue on which the committee focused was what held us all together—the glue that binds us. It must be true that if we are to adhere to that glue, to accept that glue, we need to establish some values that form an essential part of it. This is the essence of the argument of the noble and right reverend Lord I have to argue that there is an urgent need to debate, to agree, to teach and to then stand up for those values. Why is this important? I think there are three reasons. First, the impact on our society and on our social cohesion of social media. Social media is a shouty place, it is not a reflective one. It emphasises rights and can often forget responsibilities, and responsibilities inevitably run—and must run—parallel to our rights. If our society is to be successful, every one of us has to be prepared to put back in as well as just take out. Indeed, if I have a concern about the amendment from the noble and right reverend Lord, it is that the words "rights" and "responsibilities" do not appear in it The second reason for the glue weakening is the rapid changing of our society and the way it is made up. I touch here on the point made by my noble friend Lady Meyer. ONS statistics tell us that 28% of the children born in this country last year were born to mothers who themselves were not born in this country. That is not an anti-immigrant remark; it merely points out that if you were not born in the country, you will inevitably have a slightly more tangential knowledge of the values that are essential to the country in which you have arrived and are now living, as my noble friend pointed out.