Lords curbs will tilt balance of power towards government, say peers

http://www.bbc.co.uk/news/uk-politics-35875212

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Government plans to remove the House of Lords' ability to veto some draft laws would "tilt the balance of power... towards government", peers have said.

A review of the Lords' powers was set up after peers voted down planned tax credits cuts - later axed by ministers.

But its scope has been criticised by two Lords committees who say its proposals would "damage" Parliament's role and should be shelved.

Unlike in the Commons, the Tories do not have a majority in the of Lords.

The review, carried out by ex-Lords leader Lord Strathclyde, recommended taking away the absolute veto the Lords had over statutory instruments - a form of legislation implemented without Parliament having to pass an Act - and instead limiting them to sending the secondary (or delegated) legislation back to the Commons to "think again".

They would only be allowed to do this once, enabling the Commons to have the final say and push through its agenda even if the Lords disagreed.

'Wrong questions'

But in separate reports published on Wednesday, the Delegated Powers and Regulatory Reform Committee and the Constitution Committee said weakening parliamentary scrutiny of secondary legislation "would tilt the balance of power away from Parliament… towards government".

Criticising the scope of the review, they said it was "not a proper basis for determining constitutional change" and warned the recommendations "will only damage Parliament's role and reputation".

"A six week review based on informal consultation following highly politicised events in both Houses is not a proper basis for determining constitutional change," the Constitution Committee said.

What is secondary legislation?

Secondary or delegated legislation allows the government to make changes to a law without needing to push through a completely new act of Parliament.

This can occur when primary legislation (an act of Parliament) specifies that changes to the law may be delegated to ministers in certain circumstances in future.

It may allow ministers to make technical changes to the law, like altering the level of a fine, but it can also sanction broader changes like fleshing out an act with greater detail.

Statutory Instruments (SIs) form the majority of delegated legislation.

The cross-party committees said the government should shelve the plans and allow both Houses of Parliament to consider the way in which secondary legislation is scrutinised.

Chairman Lord Lang of Monkton, a Conservative peer, said: "The Strathclyde Review was asked the wrong questions by the government.

"The role of the House of Lords in rejecting the tax credits regulations was not about the House of Lords versus the House of Commons; it was about Parliament scrutinising the government."

Baroness Fookes, chairman of the Delegated Powers Committee, said she welcomed the review for "shining a spotlight - perhaps unintentionally - on the unfortunate tendency of successive governments to leave substantial issues of policy and principle to be dealt with by delegated legislation".

"At best this is sloppy practice, and at worst it gives ministers far too much power to do whatever they want without sufficient scrutiny by Parliament," she added.

She said the committee would be "more demanding" of ministers and demand answers if they "seek substantial and wide powers without adequate explanation".

The review of the Lords' powers has been criticised by the Labour Party, which said it was a "massive over-reaction" to the tax credits defeat and accused ministers of "intimidating" the Lords.