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What is the difference between primary and secondary legislation?

Primary legislation is the term given to an Act of Parliament - a law that is brought through both Houses of Parliament as a bill that is scrutinsed at various stages by both MPs and peers, with opportunities for amendments and debates on all aspects of the proposed law.

Secondary legislation is the term given to changes made to existing laws - often through the mechanism of a statutory instrument. The process of scrutiny for secondary legislation is much thinner than for primary legislation, both in terms of time given for debate and consideration, and the fact that amendments cannot be made. 

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Lib Dem spokesperson Lord Newby says that the initial response of the government was a "petulant overreaction" and part of a general approach that viewed Parliament as an inconvenience.

"In our view," he says, "the House was exercising its scrutiny powers within well established rules" and points out that peers were merely asking for government to rethink a policy - which is, in fact, what happened.

He raises the issue of secondary legislation and asks the government to bring forward substantive policy issues through primary legislation in future to avoid similar disagreements.

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SNP MP Neil Gray notes that, due to the government's slim majority, the influence of government backbench MPs has grown and matters more than opposition politicians. 

He therefore welcomes the fact that five Conservative backbench MPs have supported his motion.

He adds that there are also other Conservative MPs who have not signed the motion but have expressed concerns in private. 

He asks the government to consider his motion as a "cross party appeal" to pause the cuts.

The Electoral Reform Society campaigns to reform to the House of Lords, saying that a smaller, fully elected, full time House of Lords would be simpler, more efficient and could even be cheaper

Commenting on the government’s announcement that they are to drop plans to limit the powers of the House of Lords, Katie Ghose, the chief executive, said:

BBC Breakfast

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The man of the moment, Lord Strathclyde himself, rises to respond to the statement, saying that the statement appeals to the "best and noblest instincts of this House". 

On the issue of secondary legislation, he says that existing guidelines are "vague and opaque" and urges the government to work on making new guidelines public on when and how secondary or primary legislation should be used in Parliament.

"If my report has had any part in bringing us to this good solution then I am delighted," he says.

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Image source, Press Association

We now come to the backbench business debate on reductions to Employment and Support Allowance and Universal Credit.

The SNP has tabled a motion noting that the reductions will cut the weekly amount received by those with long-term health conditions and disabilities by £30.

The motion urges the government to use the Autumn Statement to postpone the cuts.

The motion has been signed by SNP MPs but also some Conservatives including Heidi Allen and Tania Mathias.

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The Leader of the Opposition in the House of Lords, Baroness Smith of Basildon, responds to the statement, saying that the decision not to proceed with legislation "is warmly welcomed".

She pays tribute to Lord Strathclyde for his work but remarks that she suspects "sometimes his heart wasn't quite in it".

Baroness Smith says that the issue on tax credits was about the primacy of government, rather than about the primacy of the House of Commons, and calls the initial call for the report by the government at the time "an absurd overreaction and completely unnecessary".

"But perhaps it did us a great service, as for one brief moment of time - statutory instruments became exciting," she says to laughter across the House.

Talking of the power that was used by the Lords at the time, she says "the significance of that power is reflected in how rarely it is used - just five times in nearly 70 years".

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SNP MP Joanna Cherry notes that at a Brexit committee hearing with Dr Hannah White from the Institute for Government she warned that negotiations to leave the EU would create "a full blown constitutional crisis".

She quotes Dr White as saying that it would be "almost unprecedented" for the UK to go ahead with Brexit if one of the devolved nations refused to sign a "legislative consent motion".

The Scottish Parliament and the Welsh Assembly can pass legislative consent motions to allow the UK Parliament to make laws that apply in Scotland or Wales on policy areas that are normally devolved.

David Lidington says the government is committed to engaging in detail with the devolved nations.

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The "constructive approach" taken by the House of Lords over Brexit "will be ever more important", Lords leader Baroness Evans of Bowes Park insisted as she confirmed there are no plans to curb peers' powers.

In a statement, Lady Evans said the government "is reliant on the discipline and self regulation this House imposes on itself", adding: "Should that breakdown, we would have to reflect on this decision."

The Lords leader said the government had considered Lord Strathclyde's review, ordered by ministers in 2015 to look into the powers of the Lords in relation to the Commons, and had listened to views across both Houses.

"This house has clearly signalled that it has recognised the importance of working constructively together," she said.

"The government agrees that on statutory instruments (SIs) the will of the elected House should prevail. We do not believe we need to introduce primary legislation at this time."

Lady Evans said the government recognised the valuable role of the Lords in scrutinising SIs.

Labour's shadow Lords leader, Baroness Smith of Basildon "warmly welcomed" the decision.

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Baroness Evans says that whilst the Parliament Act ensures that primary legislation is not blocked by the House of Lords, "no such measure exists for secondary legislation".

She thanks Lord Strathclyde for a "comprehensive and balanced report" and says that peers understand that the will of the elected House should prevail.

The minister tells peers that the government does not believe that it needs to introduce primary legislation at this time concerning the review - to murmurs of agreement from across the chamber.

She says the government recognises the role of the Lords in scrutinising secondary legislation and says it is reliant on the discipline and self regulation that peers impose on themselves.

"If that should break down then the government would be forced to review its decision," she warns.

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Leader of the House Baroness Evans of Bowes Park is making a statement on the government's response to the Strathclyde Review, external.

The review, undertaken by Conservative peer Lord Strathclyde, was ordered by the government in 2015 to look into the powers of the House of Lords in relation to the Commons.

It came after peers repeatedly blocked cuts to tax credits in October 2015 - plans that were later dropped in that year's Autumn Statement.

At the time, government ministers and many Conservative MPs argued that the unelected House of Lords should not interfere with financial issues decided by the elected House of Commons. This is a very long-held constitutional convention between the two Houses of Parliament.

Peers argued that the changes should have been introduced as primary legislation rather than through secondary legisaltion.

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The Ramblers published a survey of footpaths in England and Wales this week and members recorded data on 100,000 footpaths in the "Big Pathwatch" campaign.

The Pathwatch found 56% of paths were well-kept and signposted with 35% in need of improvement, but also found that 9% of paths surveyed were found to be difficult or impossible to use.

The largest problem reported was missing or misleading signs for footpaths.

Blockages on paths included potholed paths, unsafe stiles, gates or bridges and heavy undergrowth.

The Ramblers has called on walkers to "play a part" in taking care of footpaths with local authorities.

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Image source, BBc

Refering to the government's decision on the Strathclyde review, SNP spokesperson Pete Wishart notes that the Lords have won "the battle of the statutory instruments".

He suggest that with the imminent arrival of "the dark lord Farage" the government's only intention towards that "grotesque place" is to increase its numbers.

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Liberal Democrat Lord Greaves is asking the government what steps it is taking to ensure that the path network is well-kept and available for public use.

Environment, Food and Rural Affairs Minister Lord Gardiner of Kimble responds for the government saying that the government has allocated central funds for the 2,700 mile England coastal path and further funding for public trails and national parks.

Lord Greaves says the UK "undoubtedly" has the best network of footpaths in the countryside "of any country in the world", but points out a number of problems with access highlighted in the survey.

The minister assures peers that he will be in touch with the Ramblers about where the poorly kept paths identified in the survey are.

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Labour's Lord Berkeley is asking the government what its policies are on conflicts of interest in respect of contracts with public and private organisations which provide or deliver public services or projects; and where those policies are made publicly available.

Cabinet Office Minister Baroness Chisholm of Owlpen responds for the government, saying that public sector procurers are required to seek value for money through competition that is fair, open and transparent, and says that the rules on conflicts of interest are outlined in government regulations.

Lord Berkeley talks about a specific case relating to the HS2 rail project, and Baroness Chisholm responds, whilst indicating that her colleague and transport minister Lord Ahmad might be better placed to respond on this matter.

"Indeed, why is my noble friend not here instead of me," she muses.

Euro MPs consider offering the UK "associate EU citizenship" - but could it work legally?

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Conservative Nigel Evans tells MPs that the BBC is becoming the "Brexit Bad Corporation".

He asks if the culture secretary can meet the Director-General to discuss fairness in Brexit coverage. 

David Lidington replies that the best position for ministers is to take is to make complaints where needed; but ultimately respect independence of BBC.

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Shadow leader of the House Valerie Vaz begins by asking why there are no recess dates beyond 9th February. 

She concludes that the government is on "an election footing". 

"They've run out of ideas," heckles Emily Thornberry.

David Lidington tries to assure his opposite number that he is keen to bring an end to the suspense.