Lord Norton of Louth (Con)

My Lords, the Government Whip may be pleased to know that my mother used to say that I spoke far too quickly. This amendment complements other amendments, which have been discussed, seeking reviews of one form or another. It is distinct in its scope and its timeframe. It would provide for post-legislative review within five years of the measure being enacted. The Government accept the case for post-legislative scrutiny. The problem is in delivering it. It is essential that Acts of Parliament achieve what they are intended to achieve. The law may be implemented in a way that does not deliver on what Parliament intended. Some law may never be commenced; this is what I have termed “law but not law” and is covered in Amendment 256 in the name of the noble Lord, Lord Pack. Some law may be misinterpreted or poorly understood. We cannot properly know that without undertaking a thorough review and, in effect, completing a legislative feedback loop. As I said on our first day in Committee, success for the Government should not be seen as getting a measure on the statute book—this is how Ministers have tended to see it—but, rather, as delivering what it is intended to achieve. The answer is to ensure that there is post-legislative scrutiny. The Government are commitment to such scrutiny, at least in principle, and have been since 2008, when they accepted the recommendation for Acts to be subject to review three to five years after enactment. Giving effect to this is, in practice, more sporadic. Some departments are good at such scrutiny, but not all are. The reviews are sent to the appropriate departmental Select Committees in the other place, but the committees have several tasks to undertake and following up on post-legislative reviews is not necessarily a priority. In our House, we usually appoint a special inquiry committee chair to undertake post-legislative scrutiny of an Act or Acts covering a particular subject, but we are—necessarily—highly selective. We are not able to compensate fully for the lack of post-legislative scrutiny in the Commons. During the passage of the Children’s Wellbeing and Schools Bill, I argued the case for putting in provisions for post-legislative scrutiny where a Bill is large or complex; makes substantial changes to the law; is contested; and has not been subjected to pre-legislative scrutiny. This would have ensured that the Bill will be reviewed. Knowing that it will be reviewed serves as useful discipline for the Government. As I touched on in our discussion of Amendment 1, proposed by my noble friend Lady Scott of Bybrook, there is merit in adumbrating clearly the purposes of the Bill, providing, in effect, the criteria against which the Act may been assessed once it is in force. This Bill clearly qualifies under the terms I have outlined. It is demonstrably large—the term “heavyweight Bill” would certainly apply—and complex. It makes substantial changes to the law; that is clear from the numbers of Acts that are amended by its provisions. It is contested, and it has not been subjected to pre-legislative scrutiny.