How will the government change ‘exit day’ in UK law to match the new Brexit date? What is the EU ‘exit day’ Statutory Instrument and what are SIs more broadly? How do both Houses of Parliament scrutinise SIs? And what is the ‘affirmative’ procedure?
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The recent rearrangement of responsibilities for the government’s handling of EU-related affairs raises questions about future parliamentary scrutiny of these issues. In some respects pre-2016 institutional arrangements are restored, but the post-Brexit landscape presents new scrutiny challenges which thus far MPs have not confronted.
What information and evidence does Parliament need to enable it to oversee government law-making? Is Parliament currently provided with sufficient information and, if not, how can this be improved?
A recent House of Lords debate on a ‘made negative’ Statutory Instrument highlights Peers’ greater appetite and ability to secure such debates compared to MPs. Data on debate lengths suggests parliamentarians are more likely to give more meaningful scrutiny to SIs they wish to debate than those on which they are obliged to spend time by current procedures.
What Covid Regulations will the House of Commons debate on 14 December, and how? Amid backbench unrest, the occasion will be shaped by the interplay between delegated legislation scrutiny, parliamentary procedures, and raw politics. The outcome could have profound consequences for both public health policy and the Prime Minister’s position.
Statutory Instruments (SIs) have been a key tool in the government’s response to shortages of heavy goods vehicle (HGV) drivers. These SIs showcase the usefulness of this type of law-making but also highlight again some of the longstanding problems with its parliamentary scrutiny.
Delegated legislation may not be glamorous but it is essential to how our democracy works. Time to treat it accordingly.