PROCEDURE FOR PERIODIC REVIEW OF OPERATION OF ACT (Hansard, 28 October 1975)

§ Mr. Norman Fowler
I beg to move, That the clause be read a Second time.
The clause is perhaps the most fundamental proposal we shall be discussing today. Too often we have passed laws and simply left the matter there. We have not sought to monitor the effect of those laws in operation. Therefore, the House has been deprived of up-to-date and continuous information about how legislation is working in practice. When legislation breaks down, there is a public outcry and probably demands for debates in this House and calls for action. We have seen that process take place in many 1389 instances, not least concerning the legislation dealing with children and young persons.
I should also like to make a general point relating to our recent debate on the Finer Report on One-Parent Families. I believe that there is a basic lack of information on social problems and how to cope with them. As a nation we must devise better ways to identify social problems and to monitor the effect of our policies in tackling the problems. This point was made by the Central Policy Review Staff set up by the Conservative Government. In a report published earlier this year that organisation made the point that the best conceived policies sometimes fall short at the point of delivery to their clients. One example lies in the social services and the low rate of take-up benefits or services designed for the public.
Many programmes also lack adequate operational yardsticks. Without such yardsticks and information, it can be hard to make proper comparisons between programmes and objectives or to take informed decisions about priorities and phasing. The United States Commission on Crime observed that there was no other area in which so much money was spent with such an imperfect idea as to aims and achievements. The same is true of social policy generally. We spend far too little on identifying social problems and on research into how we should tackle those problems. We also spend too little on monitoring our declared policies.
The clause seeks to do two major things. It places on the Secretary of State responsibility to lay before Parliament a report within three years of the coming into operation of the legislation, and thereafter at five-yearly intervals. In addition, it lays upon the Secretary of State a responsibility to institute such research as is necessary to provide information on those reports. Even on present standards that will not place any great strain on public expenditure, but it will break new ground and set a precedent for social legislation passed in this House. It will provide built-in research for legislation, as I believe is the wish of the House, and I am sure that it will have the support of both sides of the political spectrum.
1390 We attach great importance to this clause for we believe that it will be an excellent development in the legislative process. We urge the Government to meet us on this point.

§ Dr. Owen
I am glad to say that the Government are happy to accept the new clause. I agree with many of the remarks made by the hon. Member for Sutton Coldfield (Mr. Fowler). There is a tendency to lay down legislation that is static, and there is no more important area than that represented by the living law than in the area of children's legislation.
The law can change, and on a number of issues I have taken discretionary power or power by regulation to amend legislation, particularly on the question of time limits and other aspects. I have also made abundantly clear to the House—and I emphasise this strongly—that if people want a manifestation of the seriousness of our financial difficulties over the next three to four years, they need to look no further than the way in which this legislation is being introduced. I am sure that nobody doubts my commitment to this legislation, but I am determined that it shall not be introduced on the basis that we should will the ends but fail to provide the means. Nothing could do more harm to the best interests of children.
I believe that it would be beneficial for the House to have an opportunity to look at the implementation of this legislation. I have made it clear that the Bill cannot be implemented as fully as I—and I suspect hon. Members on both sides of the House—would wish to see. Therefore, we hope that the House will take the opportunity to review progress at fairly regular intervals.
Some of the powers that we have sought to take as affecting the lives of children have been criticised. It is essential that those powers are wielded only by local authorities and adoption agencies which we are satisfied adopt the highest standards of social work practice. That is the spirit in which we accept the clause.
The reference in the clause to research must depend a little on available resources, but there is access to the Secretary of State through regional social 1391 work services that will provide a source of information and seek to monitor the effects of legislation. Therefore, it is not unreasonable that the results should be put before the House. I recommend that the clause should be accepted.

§ Mr. Bowden
I am delighted that the Minister has been able to accept the clause. Had I been called to speak before the Minister, I intended to say that he was obviously straining at the leash to accept these provisions. Therefore, I am more than pleased that he has been able to do so.
I believe that the passage of the present Bill has seen the House of Commons at its best. There has been an acceptance on both sides, and certainly from the Minister, that we must decide these matters with judgment and balance. We cannot be certain that we have achieved that aim and have reached the right decisions on each and every provision in the Bill. However, we can certainly take the view that the clause will enable the House to review the operation of the Bill and, as and when necessary, to change the legislation after it has been in operation for some time.
The Bill as it stands inevitably must have a number of flaws, mistakes and loopholes. Reviews over the years will enable us to close those loopholes and to correct mistakes. The research and information that we hope will become available will enable us to do this as effectively as possible. This will be a good investment for the future. We shall be able to prevent other mistakes, and perhaps tragedies such as the Maria Colwell case. Every penny spent on research and the collation of information will enable Parliament to legislate more effectively in the years to come. By pushing through the new clause we shall not have to wait another 15 or 20 years, if that is necesary, to amend the present Bill. The Minister and the Government are to be warmly congratulated on having accepted the new clause so promptly.

§ Mr. Norman Fowler
On behalf of the Opposition, I should like to state that we are grateful to the Minister of State. This is the second time in two days that we have had the opportunity of helping the Government in their policy. Obviously we are now making progress. 1392 In all seriousness, I state that we are most grateful. I hope that when the economic climate permits, new research will continue and that it will not be simply a question of an administrative collection of figures. I hope that there will be original research. After all, research is probably one of the most cost effective means of seeing how the legislation is implemented.