HL Deb 10 April 1978 vol 390 cc315-7
Baroness VICKERS

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government what action they are taking to meet the criticisms made by the Joint Committee on Statutory Instruments (First Special Report (H.L. 51, H.C. 169)) that the Government seek to by-pass Parliament by omitting necessary detail from Instruments and conferring wide discretion on Ministers to vary provisions without making further Instruments, and do not always allow adequate time between the laying, publication and coming into force of Instruments.

The LORD PRIVY SEAL (Lord Peart)

My Lords, the Government are considering this report and will be making a reply shortly.

Baroness VICKERS

My Lords, while thanking the noble Lord for that short reply I should like to ask him what "shortly" means. This report has been before the House for quite a long time and I should like to ask whether he will take into consideration the fact that there are so many of these regulations coming before the House the explanatory notes to which are not adequate. The fact is that today we have to see 14 different witnesses to try to explain these regulations, so does the noble Lord not think that it is essential to look into the matter rather urgently?

Lord PEART

My Lords, I am sure the noble Baroness will understand that I cannot comment on what I hope will be the Government's response. I understand her point of view, but, on the other hand, this system has worked well. The whole argument about delegated legislation is an important one and there should be checks. If she will read the report she will see that here and there the system is praised.

Lord BALFOUR of INCHRYE

My Lords, I should like to ask the noble Lord the Leader of the House whether he will be so good as to say whether the result of the consideration will be made known by the Government to this House and that then we might even have an opportunity of further debating this very important subject?

Lord PEART

My Lords, certainly a Statement will be made—probably in another place first, naturally; but it affects us considerably and I will take note as to whether or not we should have a debate. However, I do not promise one.

Lord HAILSHAM of SAINT MARYLEBONE

My Lords, when the Government are drafting their reply will they take into consideration the fact that the profession is badly in need of up-to-date information on delegated legislation in order that they may advise their clients on the law; or do the Government take the view that ignorance of the law is no excuse?

Lord PEART

My Lords, I thought the noble and learned Lord was going to say "bliss", but that is another matter. Of course I will take note of what the noble and learned Lord has said.

Baroness WARD of NORTH TYNESIDE

My Lords, in view of the fact that it would be to the advantage of us all if the recommendations of the Renton Committee—not just some of them, but all of them—were put into operation, I should like to ask the noble Lord whether the Government have accepted all the recommendations of the Renton Committee which examined in detail many of the points which have been raised under this Question by my noble friend.

Lord PEART

My Lords, I cannot wander into other matters. I have given an assurance that there will be a Government response to this report on Statutory Instruments.

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