Tag Archives: Joint Committee on Statutory Instruments

Scrutinising delegated legislation: what can Westminster learn from other parliaments?

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Recent years have seen increasing expressions of concern about whether the UK Parliament has adequate procedures for scrutinising delegated legislation. In a recent article in Political Quarterly, Tom Fleming and Tasneem Ghazi explore the lessons which might be learned from how other parliaments approach that challenge. This blog summarises those lessons.

There is wide concern about the increasing use of delegated legislation in the UK. Delegated legislation is normally made by ministers, rather than parliament. Historically, it has been used to fill in the details of broader policy frameworks set out in primary legislation. But recent years have seen a growing trend of ministers using delegated legislation to implement major policy decisions. This was highlighted as an issue during the Brexit process and Covid-19 pandemic. It has continued under the Sunak government, as shown by the recent bills on industrial action and retained EU law both containing significant delegated powers.

This trend has led to renewed attention being paid to the UK parliament’s system for scrutinising delegated legislation (which mostly takes the form of ‘statutory instruments’). By its nature, this legislation receives less extensive scrutiny than primary legislation. But especially when these statutory instruments (SIs) contain significant policy content, it is important that MPs and peers have sufficient opportunities and means to scrutinise them. That scrutiny may confer greater legitimacy and further government accountability to parliament. It may also highlight technical and policy flaws and ensure that a range of voices are heard in the policy-making process.

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Parliament and COVID-19: the Coronavirus Bill and beyond

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sir_david_natzler.smiling.cropped.3840x1920.jpgThe Coronavirus Bill introduced by the government last week will be debated by parliament in circumstances where it is harder for both Houses to meet, scrutinise and vote than at any time in recent memory. How should parliament respond to both the legislation and the crisis that prompted it? Former Clerk of the Commons David Natzler outlines the key issues facing MPs and peers as they consider how parliament should function in the coming months.

Just as the dust is settling on the first phase of the Brexit marathon, and the Constitution Unit and others are examining the role played by Parliament over the past three years, COVID-19 presents itself wholly unexpectedly as a challenge to all the nation’s institutions. Parliament was settling in for five years of single-party majority government and it looked as if, Brexit deal aside, it would be relatively smooth sailing. Now parliament faces the challenge of fulfilling its role in a COVID-19 environment.

The Coronavirus Bill

The government published its Coronavirus Bill on Thursday 19 March, having already revealed the policy proposals to which it gives effect in its Action Plan (published on 3 March) and a more detailed prospectus (published on 17 March). The bill has 87 clauses and 27 Schedules, totalling 321 pages of legislative text. The Explanatory Notes run to 73 pages, and there is a 31-page long memorandum on the implications for human rights.

Commons scrutiny

The bill is to be debated in the House of Commons on Monday 23 March for a maximum of six hours: up to four hours on second reading and two hours for committee of the whole House and remaining stages. The House decided on 18 March to disapply the EVEL Standing Orders in relation to the bill, so it will be spared the rigmarole of forming a Legislative Grand Committee.

It has been possible to table amendments since the bill was introduced. Four amendments and four new clauses were tabled on the day of its publication, and more may be expected in so-called ‘manuscript’ form on the day. They mainly address the issue of for how long the Act will be in force. The bill establishes that its provisions will apply for two years, with provisions for individual powers to be ‘sunsetted’ earlier or indeed revived if it falls due to a sunset clause. It also provides for a general debate in both Houses after one year. Both the official opposition and a cross-party group are proposing systems of six-monthly debate and renewal only if the House so decides. It is perhaps significant that the Irish parliament last week passed a similar bill and as a result of amendment decided that it should last for one year. This is an area where some change is likely; both the Scottish Government, and independent human rights organisations such as Liberty, have expressed concerns about the sunset and scrutiny provisions as currently drafted. Continue reading →