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?
On 19 January 2022, the Bingham Centre for the Rule of Law and the Hansard Society co-hosted this webinar on ‘Parliamentary Scrutiny, Evidence and the Rule of Law’, which explored the role of evidence, impact assessments, explanatory memorandums and other related material in facilitating parliamentary scrutiny of government law-making by delegated legislation. The event followed the publication of a Bingham Centre Report analysing the first 18 months of coronavirus legislation from a Rule of Law perspective, and forms part of the Hansard Society’s Delegated Legislation Review, which is developing proposals to reform the processes by which delegated legislation is made and scrutinised.
Justin Madders MP, Shadow Minister for Employment Rights, previously Shadow Minister for Health and Social Care
Selvin Brown, Director (Net Zero Buildings), BEIS and Policy Profession Board Member
Stephen Gibson, Chair of the Regulatory Policy Committee
Baroness Bakewell of Hardington Mandeville, member of the House of Lords Secondary Legislation Scrutiny Committee
Professor Jeff King, UCL Laws (Chair)
The coronavirus pandemic has exposed and exacerbated weaknesses in the processes used to enact legislation. Laws have often been made at breakneck speed, resulting in a reduction in the quality and quantity of impact assessments and other documents explaining and justifying government policy positions. This is problematic from the perspective of both the Rule of Law and effective Parliamentary scrutiny. The Rule of Law requires the law-making powers of the government to be prescribed and controlled by Parliament, but Parliament cannot properly scrutinise the policies and rationale underpinning proposed legislation without timely and digestible information justifying the proposed legal changes.
The need for good quality supporting documentation is paramount where the government introduces new laws via delegated legislation; a form of government law-making where Parliament’s scrutiny role is already limited. The coronavirus pandemic has accelerated a general trend towards the increased use of delegated legislation to enact significant policy changes. However, there are long-standing criticisms of the procedure by which delegated legislation is made and approved. This includes frequent criticism by the House of Lords Secondary Legislation Scrutiny Committee of the quality of Explanatory Memorandums, which are meant to provide a free-standing explanation of what each piece of delegated legislation does and why it is being introduced.
The UK Spending Review outlines how Government funds will be allocated over several years. Unlike the Budget, which raises revenue, the Review decides how it is spent. But how is it approved? What role does Parliament play if it doesn’t vote on the Review itself? This blog explores how the Spending Review works, how it differs from the Budget, and how Parliament holds the Government to account through the Estimates process.
On Friday 13 June, the House of Commons will once again debate the Terminally Ill Adults (End of Life) Bill, which would legalise assisted dying in England and Wales. Specifically, it will hold a second day of Report Stage, during which the whole House will debate and vote on amendments. This briefing explains the structure of Report Stage, what happened on the first day of Report Stage, how amendments are selected and grouped, on which amendments a decision can still be taken, and the likely sequence of events this Friday, including whether a final vote will take place.
The Chancellor, Rachel Reeves MP, will deliver a statement on the Spending Review. MPs will resume Report Stage of the assisted dying bill and debate key legislation on football governance, mental health, and planning and infrastructure. Peers and MPs are expected to resolve their standoff over AI and copyright in the Data (Use and Access) Bill. The Commons Defence Committee will hear from the lead reviewers of the Strategic Defence Review, while a Lords Committee will examine the Chagos Archipelago sovereignty issue. The Hansard Society’s Director will give evidence to the Modernisation Committee about access to the House of Commons and its procedures.
In this episode, we explore why ministers keep bypassing Parliament to make major announcements to the media — and whether returning to the Despatch Box might help clarify their message. We unpack the Lords' uphill battle to protect creators’ rights in the Data Use and Access Bill, challenge claims that the Assisted Dying Bill lacks scrutiny, and examine early findings from a Speaker’s Conference on improving security for MPs, as threats and intimidation against politicians continue to rise. Please help us by completing our Listener Survey. It will only take a few minutes.
Our evidence on treaty scrutiny has been published by the House of Lords International Agreements Committee. Our submission outlines the problems with the existing framework for treaty scrutiny and why legislative and cultural change are needed to improve Parliament's scrutiny role. Our evidence joins calls for a parliamentary consent vote for the most significant agreements, a stronger role for Parliament in shaping negotiating mandates and monitoring progress, and a sifting committee tasked with determining which agreements warrant the greatest scrutiny.
