Since then, he has been working with a panel of parliamentary and legal experts to look at options for providing the House of Commons with a decisive role in secondary legislation. The report details 3 possible options:
option 1 would remove the House of Lords from the statutory instrument procedure altogether – to take statutory instruments through the House of Commons only
option 2 would seek to retain the present role of the House of Lords but clarify the restrictions on how its powers should be exercised, by codifying them passing a resolution
option 3 is a compromise option would create a new procedure in primary legislation. The new procedure would allow the House of Lords to ask the House of Commons to think again when a disagreement exists but gives the final say to the elected House of Commons
His report has recommended option 3.
Lord Strathclyde said:
In my review, I have looked carefully at the history and current practice of the House of Lords as it regards secondary legislation and financial matters and I have spoken to a wide range of parliamentarians. I believe that my recommendations strike the right balance between preserving the vital role of the House of Lords in scrutinising legislation, and enabling the elected House of Commons to have a decisive role on statutory instruments.
The report suggests 3 options to provide the House of Commons with a decisive role on statutory instruments and recommends the third option of creating a new process, set out in statute, for the Lords to ask the Commons to think again about a statutory instrument while giving the Commons a final say
Lord Strathclyde appointed an unpaid expert panel to produce the report with him. The members of the panel were:
Jacqy Sharpe, former Clerk of Legislation in the House of Commons and Commons Clerk to the Joint Committee on Conventions in 2006
Sir Stephen Laws, former First Parliamentary Counsel
Sir Michael Pownall, former Clerk of the Parliaments