Lord Hunt of Wirral (Con)

My Lords, I suppose we are at a crossroads here: are we or are we not going to have legislation to improve statutory instruments and the procedure that is adopted? As I predicted at Second Reading and as we heard earlier from the Minister, there is no general enthusiasm for the Bill, which I regret. As the noble and learned Lord, Lord Thomas, reminded us, with the Product Regulation and Metrology Bill we had a direct confrontation between the Government on one hand and Parliament on the other. Our Delegated Powers and Regulatory Reform Committee made a very clear recommendation that all statutory instruments in the context of that Bill should follow the affirmative resolution procedure. Indeed, the Minister, the noble Lord, Lord Leong, had a special session with the Delegated Powers and Regulatory Reform Committee, as a result of which the committee said that it was not minded to withdraw its recommendation that all statutory instruments should follow the affirmative procedure. I moved an amendment to observe and support our Select Committee, but it was voted down. I sense that even when a committee as powerful as the Delegated Powers and Regulatory Reform Committee has such a strong recommendation, even when it listens to the Minister and still maintains its position, there is no procedure whereby Parliament can hold the Executive to account through the affirmative resolution procedure. I am filled with scepticism as to whether this is going to make progress. I can well understand my noble friend moving that Clause 2 no longer stand part, because, in a way, we are searching for a way to make this Bill acceptable, so that it can go to the other place and we can put it on the statute book as soon as possible. As the noble Lord knows, I strongly support Clause 1, but I have a nasty feeling that, despite his noble intentions, which I strongly support, we are slowly entering a cul-de-sac. Perhaps the Minister can lay aside all my worries and concerns by suddenly rising to say that she and her colleagues have changed their minds and we are going to have a far better procedure, as set out in this Bill, in which case I will be very pleased indeed.