UK Government drops plans to curtail House of Lords powers amid fears peers could derail Brexit

House of Lords - Image credit: PA Images

UK Government ministers have put plans to curb the powers of the House of Lords on ice, but warned they could revisit the issue if peers try and obstruct Britain’s exit from the European Union.

The UK Government announced today that it would not legislate to stop the Lords having a veto over secondary legislation as recommended by Tory peer Lord Strathclyde.

It marks a major departure from David Cameron’s administration, after he called for a review of peers’ powers in the wake of last year's government defeat in the Lords over cuts to tax credits.

In a statement, Baroness Evans, the leader of the House of Lords, said ministers were reliant on the “discipline and self-regulation” of the Upper Chamber in absence of regulation that ensures the primacy of the Commons over so-called 'statutory instruments'.

But she warned her colleagues must continue this “constructive approach” as they prepare to consider legislation resulting from Brexit, or ministers could "reflect" on their decision.

“The Government agrees with Lord Strathclyde’s conclusion that on statutory instruments, as with primary legislation, the will of the elected House should prevail,” she told peers in a statement this lunchtime.

“We believe that his option three provides a credible means of achieving this. However, we do not believe that we need to introduce primary legislation at this time.

“We recognise the valuable role of the House of Lords in scrutinising SIs [statutory instruments], but there is no mechanism for the will of the elected House to prevail when they are considered, as is the case for primary legislation.

“The Government is therefore reliant on the discipline and self-regulation that this House imposes upon itself. Should that breakdown, we would have to reflect on this decision."

She added: “This House has an important role to play in scrutinising and revising legislation, and the Government recognises this.

“As we find ourselves considering the legislation resulting from the decision of the British people to leave the European Union, the constructive approach this House has so far shown will be ever more important.”

The UK Government is reported to be preparing a bill to appear before Parliament calling for the triggering of Article 50.

Liberal Democrat and Labour peers, along with Tory peer Baroness Wheatcroft, are expected to lodge amendments calling for the UK Government to shed more light on its negotiating priorities.

Tim Farron’s party have already said they would vote against the initiating of Brexit unless they can secure a clause for a second referendum on the deal struck between the UK and the EU.

Responding to Baroness Evans today, Shadow leader in the Lords Baroness Smith welcomed the climbdown by ministers.

But she said the Strathclyde review and its recommendations “were an absurd overreaction and completely unnecessary”, and insisted Labour peers would not seek to block Brexit.

“The tax credits votes that led to this review were exceptional.  They fulfilled the criteria. It wasn’t just a matter of disagreeing but completely in line with the history and conventions of this House and the Cunningham Report,” she said.

“Over the past few weeks there has been considerable speculation about the role of this House in examining Brexit.  My Lords, we have been clear.  We will not block.  We will not delay. 

“But a Government without a plan does not have a blank cheque.  Clearly this House will have an important role, especially if there is considerable secondary legislation that will need us to work together to provide effective scrutiny from all sides of the House, in the public interest.”