There are problems with both the delegation of powers to make delegated legislation and the scrutiny of the Statutory Instruments (SIs) that arise from those powers. This report sets out some of the central problems that need to be resolved with respect to each of these two aspects of the system.
A number of case studies included in the report evidence the problems and provide practical illustrations of why reform is needed.
This report was produced in November 2021 for the public launch of our Delegated Legislation Review, to help ground our case for change. Through our Review, we aim to harness the increased awareness and dissatisfaction that now exists about SIs in order to galvanise reform.
We are conducting our Delegated Legislation Review with funding support generously provided by The Legal Education Foundation.
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The scope and design of the delegation of legislative powers in any Bill affects the long-term balance of power between Parliament and Government. The House of Lords Delegated Powers and Regulatory Reform Committee (DPRRC) scrutinises all such delegation. This report distils standards for the delegation of powers from 101 DPRRC reports from 2017 to 2021.
A Statutory Instrument comes into force on 11 April that changes the legal requirements for the release of certain types of genetically modified plants. Some argue that the changes should have been made by primary, rather than delegated, legislation. Where does the boundary between the two lie?
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Sanctions are imposed on an individual in two stages - by Ministers first making regulations and secondly designating the individual, using a power in those regulations. Parliament has a role in the first stage, but not the second.
Our submission to the Public Accounts Committee highlighted the financial and practical challenges that MPs face in deciding the fate of Parliament’s Restoration and Renewal programme. We particularly questioned the viability of the proposal to continue operating the House of Commons Chamber in the middle of a building site.
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