On 13 June, Members of the House of Lords are due to consider a ‘fatal’ motion, aimed at killing the Government’s controversial draft regulations that would lower the threshold of what constitutes ‘serious disruption’ by protestors. However, the legislation, procedures and events in Parliament are complex and confusing. This event outlined exactly what’s going on.
[Closed] 12:30pm, 9 June 2023 Online (Zoom) and hosted by Blackstone Chambers
Tom Hickman KC Barrister, Blackstone Chambers; and Professor of Public Law, UCL
Ruth Fox Director, Hansard Society
Questions can be submitted to our speakers throughout the event via the Zoom app, and we encourage you to send them through.
Earlier this year the Government attempted to lower the threshold for whether a procession or assembly is likely to cause “serious disruption” to community life via a late amendment to the Public Order Bill 2023. The amendment came about at a time of heightened concern about public protests by organisations such as Insulate Britain and Just Stop Oil.
The amendment was rejected by the House of Lords. But just weeks later the same proposal was repackaged by the Government and put to Parliament again in the form of a Statutory Instrument which cannot be amended by Parliament and generally attracts less parliamentary scrutiny than a Bill. The Minister was able to do this by using a ‘Henry VIII’ power in an Act of Parliament passed in 1986.
But the Government’s legislative manoeuvre did not pass unnoticed. A House of Lords committee, tasked with scrutinising SIs, brought the proposed regulations to the wider attention of Parliament in a critical report published on 11 May. It said it was unaware of any previous example of a Government bringing back a policy via a Statutory Instrument that had recently been rejected by Parliament during passage of a Bill. Concerned Members of the House of Lords have subsequently tabled two motions for consideration on 13 June, including one ‘fatal’ motion aimed at rejecting it outright.
Due to the implications of the SI for public protest and the constitutional controversy surrounding the Government’s legislative tactics, the forthcoming Lords debates have attracted considerable attention from campaign groups, the press and across social media. But as the conversation has grown, so has the confusion surrounding what has actually happened, and what Parliament can do about it.
Still here? Some of the legal and procedural detail is complex. If you find all of this slightly baffling, but want a firmer grasp on exactly what is going on in Parliament including how events may play out on 13 June then this event is for you. You will also have the opportunity to submit questions to our expert speakers via the Zoom app, and we encourage you to do so.
What has happened in Parliament so far surrounding the Public Order Statutory Instrument (SI)?
What’s the relationship between the Public Order Act 2023, the Public Order Act 1986 and the SI in question?
What procedures apply to the SI and what do they mean for parliamentary scrutiny?
Why is going to happen in the House of Lords on 13 June? What is being debated? What are ‘fatal’ and ‘non-fatal’ motions? And what are the possible and likely outcomes?
Why is this issue constitutionally important and what does it mean for parliamentary democracy?
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.
