Baroness Hollins (CB)

My Lords, I agree with the noble Lord who has just spoken. I also support the idea of the noble and learned Lord, Lord Falconer, that the Bill needs more time for scrutiny than is available through the usual tried and tested Private Member’s Bill process. We have to manage expectations, though, and I have been thinking about precedents for a Bill of this complexity. With the help of the House of Lords Library, I have been looking at balloted Private Members’ Bills from the House of Commons ballot that reached First Reading in this House in the 10 years from the start of the 2015 Session. It is very interesting. In the other place, of course, ballot Bills are introduced by title only, with the full text appearing or changing at later stages. But the full text version as brought from the Commons provides a consistent and analytically robust basis for comparison. The average length of the Bills in that 10-year period was 8.8 pages, with a mean of five clauses. In contrast, this complex Bill, heralding major social and societal changes, has 51 pages, with 59 clauses. So it is hardly surprising that it needs lengthy scrutiny. Eight of these pages were actually added by the sponsor on Report, with little or no discussion. In the other place, 92% of the amendments tabled by Members other than the sponsor were not even debated, and just seven were put to MPs for decision. This data refutes the misleading impression being given in the national media, which suggests that your Lordships’ House is delaying progress by tabling and debating amendments, as in reality they are needed to improve the safety and care of patients. I suggest that counting the number of amendments is misleading, because many are consequential on the change proposed. As my noble friend Lord Carlile suggested, there are about 10 major issues. The noble and learned Lord has not said which amendments, if any, even those recommended by the royal colleges and patient advocacy groups, he is willing to accept. Members are waiting for his active engagement and for a bit of give and take. In the past 10 years, only 66—about a third—of all balloted Private Members’ Bills have become law. Of these successful Bills, the vast majority were government handouts or had explicit government support. Nobody can argue against scrutiny, and I am glad that the noble and learned Lord has recognised that a Bill of this length and complexity does not fit the usual model of a Private Member’s Bill. I have concluded that the kindest thing for the Government to do would be to seek to establish a royal commission to give this weighty issue the attention that it deserves. We cannot do it justice through the Private Members’ Bill process, but I agree that it needs time.