Lord Moylan (Con)

My Lords, I am very sorry to hear the noble Baroness, Lady Pidgeon, say that making laws for our own country, through our own processes, is somehow a distraction from what we should be doing, and that it would be better, presumably, if we were to hand this responsibility over to unelected bureaucrats in Brussels. I cannot say how much I would want to distance myself from such a position. Since I have very little to say about the instrument, I shall add a little local colour. I did on one occasion seize an unseaworthy ship. When I was the third secretary in the British embassy in South Africa, I was the duty officer one weekend. In those days without mobile phones, that meant I had to stay home all weekend, very close to the telephone. Nothing ever happened but to my astonishment, I got a telephone call from the harbourmaster at Durban, saying that there was a British-registered vessel—or, rather, I think it was registered in some territory, dominion or whatever in the Caribbean that none the less fell under the Crown—in his port. It was so unseaworthy that he intended to seize and immobilise it but, apparently, he needed the permission of Her Majesty’s consul-general. I knew nothing about consular services, but there we were: I was the representative, for that weekend, of Her Majesty’s consul-general in South Africa. After a moment’s thought, I reached the conclusion that, on the whole, it was probably safer all round for me to say, “Yes, you have my authority to seize this vessel”, than to say no or prevaricate in any way—so that is what I did. It has not happened since, but I am therefore not wholly unfamiliar with the idea that there is a degree of port inspection going on and that vessels not meeting appropriate standards are appropriately dealt with. This instrument affects no change whatever in current arrangements. It advertises itself as achieving no change in current arrangements, and that is absolutely fine. I have no objection to this instrument. However, I will raise the same point that I raised when we discussed a statutory instrument—I think on aviation safety—a week or two ago. This instrument is made—the Minister said “in part”—using powers under the retained EU law Act. By common agreement, that Act expires in June. From that date onwards, we have no capacity to amend regulations of this sort, which are crucial in the world of transport. Statutory instruments are the normal means by which these regulations are made in the field of transport, but this spreads across the whole of Whitehall and many other departments as well. I say that we have no power to change them—we have no power to do so other than by primary legislation and Act of Parliament; we cannot use statutory instruments. This failure of foresight on the part of the Government seems a massive dereliction of duty. Even if the Minister was able to assure us today that there will be legislation in the King’s Speech to correct this oversight—I fully appreciate it is unlikely that he can tell us today what will be in the King’s Speech—it is most unlikely that it will possible to pass it in both Houses and enact it by the end of June, when it will be necessary. As I say, I regard this as a massive dereliction of responsibility on the part of the Government, and I expect there to be serious potential consequences unless something is done.