This Bill has not had the benefit of being discussed previously, but I think it is a very important issue and I am delighted that we have the opportunity to give it a bit of airtime.
Regulatory impact assessments lie at the core, or should lie at the core, of policymaking and public legislation. If the tool if a regulatory impact assessment is not properly applied, the quality of the legislation suffers. We have seen a large number of examples of that. Perhaps one of the most telling is that we have legislated for net zero without ever really going through the full implications of what it will entail. I have the privilege of serving on the Environmental Audit Committee. It is willing to discuss almost everything on the environment, but it is not prepared to engage in an inquiry into an audit of the costs and benefits of net zero. The Government should have introduced an audit of the costs and benefits of net zero before the legislation was passed. The same is true of the Climate Change Act 2008. It is also true of HS2. There was never a proper cost-benefit analysis regulatory impact assessment of HS2.
More recently, the Renters (Reform) Bill—which I see, much to my horror, is having its Second Reading on Monday—was published in May. It was the subject of severe criticism by the Regulatory Policy Committee because no proper impact assessment was produced at the time the Bill was introduced. It was introduced by Ministers who had not gone through the process of thinking through the implications of what they were doing. That is what the Bill before us is about. I had the privilege of being a Minister for six years or so—some time ago now, Madam Deputy Speaker—and it was very important, when introducing legislation, to think about the implications and consequences. That should be done in the first instance internally by Ministers with officials before it is exposed to public debate. A well organised regulatory policy framework should ensure that that is what happens.
The Bill is based on the fact that, too frequently, that is not what happens. Even more frequently recently than in the past, the requirement for impact assessments to be produced prior to a Bill being published has not been complied with. The consequences, to which I have referred, are that Bills come forward that are badly formulated and unnecessarily contentious. Was it not extraordinary that two or three weeks back, we had a statutory instrument in relation to the implementation of the Windsor framework? The Windsor framework agreement was back in spring. We were told that there had been insufficient time for the Government to produce an impact assessment of its contents. How ridiculous is that?
The Bill basically says that we have rules in place, but there is no point in having a command without a sanction. Clause 1 sets out in plain language a requirement that the
“Government must, on or before the appointed day, lay before Parliament a qualifying regulatory impact assessment for—
This is not written into the Bill, but if the cost-benefit analysis in a Minister’s impact assessment shows that the cost outweighs the benefit, what does my hon. Friend feel should happen as a result? He will remember that when the Labour Government introduced the Bill that became the Climate Change Act 2008, they had done an impact assessment and a cost-benefit analysis. By their own admission, the costs were twice as big as the benefits, yet they pressed on with the Bill anyway. Is my hon. Friend saying that where the costs outweigh the benefits the Government should do something about it, or is it enough just to publish the analysis?
I think it is sufficient to publish it. It is then for Members of Parliament to look at what it contains, including the costs. My hon. Friend and I were two of the five people who voted against the Climate Change Bill on Third Reading. Why did we vote against it? Because we could see that the costs would far outweigh the benefits. We had read the impact assessments—well, I cannot remember reading them at the time, I must say, but I had the very strong feeling that we were entering unknown territory and the costs would be very significant. I am not saying that we should not bring forward legislation when the costs are greater than the benefits; I am saying that Members of Parliament should be able to take responsibility and say to Ministers, “Why are you bringing forward legislation whose costs will be far greater than the benefits?”
This debate takes place just after the Government have changed the rules on business impact targets, the provision on which has been repealed. Despite the Government’s policy of zero increase in the total costs of regulation on business in this Parliament, the Regulatory Policy Committee, which is responsible for looking at better regulation, has stated:
“When combined with the figures for the previous two years, the total increase for the parliament to date is £14.3 billion.”
That was in February 2023; I think there has since been an update. Having said that they would not increase the costs on business in this Parliament, and that we would have better regulation and an independent scrutiny process for holding them to account on that, the Government have found themselves on the wrong side of their own rules—so what have they done? They have decided to change the rules. They are now saying that for the last period, they will no longer calculate the cost of Government regulation to business.
If one starts with from a cynical viewpoint, one becomes even more sceptical after looking at the detail. I do not think that, at heart, the Government really want to be held to account by the House for their measures. They would much prefer measures to be nodded through with no questions to be answered: they would like everyone to be nodding donkeys. However, if that is not the Government’s view, I hope they will accept the Bill.
I congratulate my hon. Friend the Member for Christchurch (Sir Christopher Chope) on his Bill. As he suggested, it focuses all our minds, including that of the Minister, on the impact of the rules, regulations and laws that we make in the House.
I want to look at the Bill with a view to reforming the Public Health (Control of Disease) Act 1984 to provide the democratic checks and balances that would allow better decision making in future emergencies. As my hon. Friend said, there was, from the very start, a failure to weigh up the potential benefits of, for example, lockdowns and closing schools and balance them against the costs, which have proved catastrophic. Robust benefit and cost-benefit analyses should have been carried out, and should have played a crucial role in getting the balance right when it came to what rules, regulations and laws were to be introduced.
Whatever views may be held on such far-reaching measures, it should be completely uncontroversial to want to conduct an analysis of potential policy consequences—and experts did predict that the lockdown measures would have dire consequences. In fact, the Government said themselves, in a report published in July 2020, that more than 200,000 lives could be lost as a result of lockdown. Cost-benefit analyses, impact assessments and benefit-versus-benefit analyses of health and mental health education should have been carried out, and politicians should have carried out a 360° review of the lockdown measures.
Only this week, the covid inquiry heard evidence from Professor Mark Woolhouse in which he described lockdowns not as a public health policy, but as a failure of public health policy. They were, in fact, a failure that could only have been implemented under the Public Health Act. Do Members really want to risk allowing such a failure of public health policy to occur again in the future by leaving in place an Act that will allow a Government to shut down society without scrutiny or debate—without looking at the impact of the measures being taken—or do they want to take simple precautions that would prevent that? If we are being honest, we must conclude that this was not just a public health policy failure, as Professor Mark Woolhouse said; our entire democratic system failed us, just when we needed it most.
I welcome this Bill. In the light of recent experience, it seems to be an excellent idea. It gives Parliament more power to scrutinise what is going on. A Conservative Government surely, above all, is about low taxes and deregulation, but unfortunately—maybe for reasons beyond our control, and we all know what those reasons are—we have had too many taxes and too much regulation. I will not deal in detail with the whole covid saga, because my right hon. Friend the Member for Tatton (Esther McVey) has dealt with that powerfully, but the fact is that we all now know that there should have been far more consideration within Government of not just regulatory impact but every other kind of impact.
In terms of ensuring scrutiny of Government, we have the other place, and it does its job. We should be very wary of meddling with the structure of that place, because it seems to be able to scrutinise legislation more effectively than we do in this House. In recent weeks and months, I have been particularly involved with a lack of impact assessments in terms of my own constituency. If we look at all the borders Bills and the recently passed Illegal Migration Bill, we can see that some sort of impact assessment would have been very useful in determining whether that Bill was going to achieve what it set out to. I am particularly interested in how illegal migrants are going to be dealt with when they arrive on these shores, whether or not the Government win their Supreme Court case. There is an understanding that they will be illegal and that they will be detained, but the Government have now determined that they are going to send 2,000 illegal migrants to the former RAF Scampton base in my constituency. We are still awaiting any clear idea of when they will arrive.
Have serious impact assessments been carried out on the pollution levels that naturally remain at this base, which was originally the home of the Dambusters, for a long time was used by Vulcan aeroplanes carrying nuclear bombs and was used latterly by the Red Arrows? Surely there should be a proper, published impact assessment of environmental pollution and of security arrangements.
We are simply saying that, when it comes to housing illegal migrants, it should be done on the basis of, for instance, value for money. We have conclusively proved that, because there has not been any properly published impact assessment, it will cost the taxpayer more money to put migrants into the former RAF base at Scampton than to put them into hotels, because a 2-mile long runway has to be maintained and there are 100 buildings, many of them listed, including the office of Guy Gibson and the ones relating to the Dambusters. I have made the point about the impact on the local community.
I believe in transparent government and what I fear about this whole RAF Scampton episode is that this is not being done to save money or to look after migrants properly—obviously, it is not in their interest to have 2,000 migrants in one place, overwhelming local social services, the police and everybody else. It is being done because the Government simply want to make the statement, “Sadly, we have not managed to stop these people coming over in boats and therefore we are going to put them in former military bases, rather than in hotels.” But of course this has no deterrent value at all. We cannot do an impact assessment on what is going on in the minds of people fleeing various hellholes in the world, but I can tell the House one thing: someone fleeing Iraq, Syria or Afghanistan is not going to be deterred from coming to these shores because they might end up in a comfortable room in a former RAF base. So this provides no value for money or deterrence, there are worries about security, pollution and community impact, and no assessment has been made, yet the Government just carry on.
The worst thing is that I keep emailing, writing to or texting Ministers, but I never get a serious response. The parish council and West Lindsey District Council are treated with contempt and given generic replies. As the environmental enforcement authority, West Lindsey District Council put a stop notice on the Home Office a few weeks ago, and the Home Office simply ignored it and carried on working, presumably because it thinks the land is Crown land. If the Home Office were a private sector employer, it would be taken to court and made to pay huge fines, but the Government think they can get away with it.
I do not want my right hon. Friend to go on and on about HS2, but does he agree that one of the issues now is that there is no impact assessment of the revised proposals, and there has not even been a fresh instruction to the Committee of this House that is dealing with it?
Above all, there has been no impact assessment for the poor people living north of Birmingham who live on the line, whose farms have been taken and who have perhaps been forced to give up a place that they have farmed for generations.
I do not think there will ever be enough scrutiny of what went on with HS2. Is my right hon. Friend concerned at all that the cost went up from about £36 billion to—if Lord Berkeley, the Labour peer in the other place, is to be believed—£180 billion? Thankfully, it was stopped, but is my right hon. Friend concerned that an impact assessment was not done on those staggering changes of cost?
It is just amazing how we walked into this disaster: how no one questioned why HS2 was so ludicrously over-engineered, with the trains running far faster than they do on the continent, for instance.
Before I end, I want to deal with a matter very close to where we are now standing: this building. The whole restoration and renewal saga of Parliament is an HS2 in bricks and mortar. There has never been any proper assessment of what we have been doing. I sat on the sponsor board and I have been dealing with this matter in various Committees for years. I am now on the programme board, which reports directly to Mr Speaker. Hundreds of millions of pounds have been sunk into making ever more complex and over-engineered plans for restoring and renewing this building. We should just have got on with it six years ago, but we still have not come to a final decision.
We are meeting on Tuesday—yet another meeting in which we are going to be asked, believe it or not, whether we should have a full decant. I have been arguing about this for years. We are still talking about going to Richmond House, if the House of Commons ever voted for a full decant, which is totally unsuitable. We would have to rip out the courtyard and knock down bits of a listed building. There would be years of argument, another public inquiry and more delays. This decant will not affect anybody who is now sitting in the House of Commons. It will not happen for years, but still we are returning to the same arguments. The delivery authority keeps returning to this; it keeps saying that it is cheaper, more cost-effective, and all the rest of it to have the full decant. However, we have got on with repairing Speaker’s House and Elizabeth Tower, and we are going to work on Victoria Tower. We should just get on with the work.
I am grateful to my right hon. Friend for raising the R and R issue. This week, there was a meeting of the Procedure Committee to which representatives came along and in response to questions they told us that, if there was to be a complete decant, it would probably take between five and seven years to build the building into which the decant would go, so the works could not begin until 2029 at the earliest.
As a former Chairman of the Public Accounts Committee, what I hate so much in politics is that people are so casual with the expenditure of taxpayers’ money. I loathe that attitude. If it was their own affairs in dealing with restoration and renewal, they would just get on with the job. They would get various estimates and do what was necessary—the minimum necessary—to make this building safe. But because it is public money, we set up committees and create these huge bodies such as the one running HS2 and the one running R and R, with people paid huge salaries and making endless, over-engineered plans. It is frankly disgraceful.
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(a) any Bill introduced to Parliament by a Minister;
(b) any draft statutory instrument laid before Parliament by a Minister that may not be made unless it is laid before and approved by a resolution of each House of Parliament; and
(c) any statutory instrument made by a Minister and subject to annulment in pursuance of a resolution of either House of Parliament.”
Clause 2 is the sanction:
“If His Majesty’s Government fails to comply with the duty under section 1, subsection (2) applies.”
We cannot have a proposal requiring that the Minister be locked up, suspended from the House or whatever, so I did the best I could, which is basically to say that the Minister would be embarrassed into action. That embarrassment will require the Minister responsible for the Bill or the statutory instrument in question to
“make a statement to the relevant House…as soon as reasonably practicable, and…on every third sitting day until a qualifying regulatory impact assessment has been laid before Parliament.”
If that had happened in relation to the Renters (Reform) Bill, we would not be where we are now, with a totally inadequate impact assessment that has been produced late and much amended; at one stage it was given the red pencil treatment.
My Bill would enable this House, and the Members of this House who take legislation seriously, to be properly informed. Quite often, it is impossible to get answers to questions about Bills; there are questions that should have been raised during the impact assessment process, but have not been raised; and Ministers are ignorant of the implications of what they are doing. That is why I suggest that this is a sensible way forward. I do not often say this in relation to a Bill of mine, but I cannot see why anybody would be against it—except a Minister who does not want to comply with the normal rules. This is a short Bill, but I think it would be revolutionary in improving the quality of legislation.
Some of us raised concerns at an early stage about the removal of parliamentary oversight, feeling that the Government were using loopholes in the Public Health Act to regulate without being held responsible. There were precious few opportunities to hold Ministers to account. In normal times, if a Minister is unable to present a persuasive case for his or her actions we have a chance to vote down the regulations involved, but that important due process all but collapsed in March 2020.
We discussed this topic earlier in the year at a session of the all-party parliamentary group on pandemic response and recovery, during which we heard from Lord Sumption., a former Supreme Court judge. He described the way in which Parliament had been effectively rendered impotent under the Public Health Act, which had allowed Ministers to avoid the proper debate and scrutiny that we would previously have expected. For example, the first lockdown order was made on 26 March 2020, but was not considered in this place until 11 May. Is it really appropriate for policies that have such a severe impact on every bit of people’s daily lives to be implemented without such scrutiny, and some sort of scrutiny afterwards?
The Public Health Act was designed to authorise bans on mass gatherings, isolate infectious people and close infected premises. There is nothing in it about locking down an entire nation, whether infected or not, in their own homes. The Act should be amended to make sure that any future emergency measures are debated before they come into effect. If the situation is too urgent, measures should be provisional for, say, seven days, with Parliament being recalled if necessary to give the proper approval.
We cannot have the threat of such far-reaching measures hanging over society, ready to be imposed by a Minister with no notice, without having to defend their decisions at the Dispatch Box. That threat is made very real by the spectre of the World Health Organisation pandemic treaty and the amendments to the International Health Regulations 2005, both of which the UK will be asked to adopt next May.
It seems likely that lockdown will be considered as a public health intervention in future, with the Public Health Act as it stands. We must make sure that we have debate and scrutiny and that we do this impact assessment before lockdowns happen again, because they cause such disruption to livelihoods, education, healthcare and life itself. We all have constituents with heartbreaking stories of not being able to share the joy of a child being born or not being by the side of a dying loved one; of children who now have severe mental health issues or who have lost education; and of livelihoods and futures that have been ruined.
Of course, Parliament must have access to emergency powers in extreme situations, but their use must be limited to when they are truly needed. Surely that is the only way to proceed. We must be able to have scrutiny in the House—it must not be missing; it must not be avoided. We have scrutiny to ensure that laws and regulations are the best they can be. Surely this is the only way to proceed without such significant breaches of personal life.
Amending the Public Health Act will help us to make better, more confident decisions in the event of any future crisis. I commend what my hon. Friend the Member for Christchurch is doing about an impact assessment to make sure that Ministers truly understand what they are putting in place before they do it—something that was lacking during the covid lockdown.
Apparently, these 2,000 migrants will not be detained and will be able to come and go, so what is the security impact on the 700 residents who live there? Interestingly, Scampton Parish Council has put in a freedom of information request to the Home Office about a community impact assessment, but the FOI request has been turned down by the Government. Astonishingly—the House will be amazed at this language coming out of government— it was turned down with the excuse that the Government need to have, “A clear space, immune from exposure to public view, in which it can debate matters internally with candour and free from the pressures of public political debate.” That is a reply to Scampton Parish Council, which is only trying to do its job; 700 people have put their life savings into buying a house on this base and the Government say that they need a clear space free from public scrutiny. The Minister who is sitting on the Front Bench, the Under-Secretary of State for Business and Trade, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), knows all about this issue because he went through all this with a proposed migrant camp in his constituency, which is not now happening because it was a victim of the Conservative leadership campaign.
My constituents and I are victims of a lack of candour by the Government—a lack of proper impact assessments in a variety of fields. We have seen that with the whole covid saga, of course, and above all, we have seen it with High Speed 2. We need not go on about HS2, but it is probably the biggest waste of public money that any Government have ever indulged in. It is ludicrously over-engineered and we are still facing the consequences of it. For years, I have been arguing for us to have a through train from Grimsby and Cleethorpes through Market Rasen and Lincoln to London, which would cost £1 million. I have been told, “No, no, there’s no money, but we’re quite happy as a Government to spend £100 billion on HS2.”