Events / Webinars

Devolved but denied? Regulations and consent beyond Westminster

29 Sep 2022
Aerian graphic of the various countries of the United Kingdom

Are the devolved legislatures being denied control over regulations on devolved matters that are made by Ministers in Whitehall? In this webinar, parliamentarians and legal experts from across the UK discussed the role of devolved institutions in the development and approval of UK regulations made by Statutory Instrument (SIs).

Online webinar [CLOSED] 1:00pm, 29 September 2022

Full video recording from Zoom of 'Devolved but denied? Regulations and consent beyond Westminster', held on 29 September 2022

There are a growing number of powers on the statute book that allow UK Government Ministers to make regulations in areas of devolved competence, such as healthcare and education. Are the devolved legislatures being denied control over regulations on devolved matters that are made in Whitehall? Is there a risk of a widening ‘democratic deficit’? Or are these powers simply required for more effective and efficient government?

Brexit and contested views over the role of Legislative Consent Motions (LCMs) - the mechanism by which the UK's devolved administrations consent to law created by the Westminster Parliament on matters that are normally devolved - have brought to the fore the question of how the various executives and legislatures across the UK can better co-ordinate and co-operate. It is crucial that mechanisms to involve the devolved institutions in UK delegated law-making within their areas are fit for purpose.

At this event, parliamentarians and legal experts from across the UK discussed the role devolved institutions play in the development and approval of UK Statutory Instruments within their areas of devolved policy.

  • Are the devolved administrations being denied control over regulations on devolved matters that are made by Ministers in Whitehall?

  • When is it appropriate for devolved executives to rely on UK Government regulations and SIs?

  • What function do the devolved legislatures play in the approval of UK SIs that engage their competences?

  • What changes would help ensure that devolved legislatures have the appropriate degree of information about and control over relevant UK Statutory Instruments?

Michael P Clancy OBE, WS Director of Law Reform, Law Society of Scotland

Huw Irranca-Davies MS / @huw4ogmore Chair of the Senedd Legislation, Justice and Constitution Committee and formerly MP for Ogmore

Stephen Farry MP / @StephenFarryMP Deputy Leader of the Alliance Party and formerly MLA for North Down

Chair: Dr Ruth Fox Director of the Hansard Society

Who funds this work?

This work is supported by the Legal Education Foundation as part of the Hansard Society's Delegated Legislation Review.

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