Mark and Ruth look at the growing fashion for re-writing Bills mid-air as they pass through Parliament, adding on all sorts of policy bells and whistles at the last minute.
The Bill seeks to crack down on ‘dirty money’ and corrupt elites in the UK and is being expedited through Parliament following Russia’s invasion of Ukraine. This briefing identifies four delegated powers in the Bill that should be amended to ensure future accountability to Parliament.
Researcher, Hansard Society
Researcher, Hansard Society
Dheemanth joined the Hansard Society in July 2021 as a Researcher to contribute to the Review of Delegated Legislation. His role also involves supporting the day-to-day delivery of the Society’s legislative monitoring service, the Statutory Instrument Tracker®.
Dheemanth has a diverse professional background that includes experience in both the legal and non-legal sectors. He completed his MBBS degree at the University of East Anglia. He has since attained a Graduate Diploma in Law (GDL) while working full-time as a junior doctor at an NHS hospital trust. He has previously conducted legal research with the hospital’s legal services department. As a research assistant, he has also contributed to a public international law project concerning citizenship and statelessness. Additionally, he has experience conducting scientific and laboratory-based research during his BMedSci degree in Molecular Therapeutics at Queen Mary University of London.
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The scope and design of the delegation of power sought in any Bill raise important questions for MPs that go to the heart of their role as legislators. MPs should be clear about the level of authority they are delegating to government Ministers and be confident that they will not regret forgoing their ability to fully scrutinise future government decisions.
Our analysis of delegated powers in this and other Bills draws heavily on ‘legislative standards’ which we have derived from reports of the House of Lords Delegated Powers and Regulatory Reform Committee (DPRRC). The DPRRC is an influential committee and provides the nearest thing to a form of ‘jurisprudence’ (or ‘legisprudence’) in the area of delegated powers.
Part 1 of the Bill makes provisions to set up a register of overseas entities and their beneficial owners, and requires overseas entities who own land in the UK to register in certain circumstances. The purpose behind these provisions is to combat economic crime, by requiring anonymous foreign owners of UK property to reveal their real identities to ensure criminals cannot hide behind chains of shell companies. We have identified at least 23 provisions that confer new delegated powers (not including the powers to make commencement, transitional and saving provisions). Of these, seven include powers that can be exercised to amend primary legislation (‘Henry VIII powers’).
Part 2 of the Bill makes provisions to reform Unexplained Wealth Orders by amending the Proceeds of Crime Act 2002.
Part 3 of the Bill makes provisions about breaches of financial sanctions by amending the Policing and Crime Act 2017. These Parts contain no provisions that confer new delegated powers.
Clause 14: Sections 12 and 13: supplementary
Clause 17: Power to modify application process etc in certain cases
Clause 23: Disclosure of protected information
Clause 38: Financial penalties
The exercise of the powers in the first three clauses is subject to the ‘negative’ parliamentary scrutiny procedure. In all three cases we recommend that parliamentarians should seek to amend the clauses so that the higher ‘affirmative’ scrutiny procedure applies. The briefing provides a suggested amendment to achieve this in each case.
The fourth and final clause of concern relates to the imposition of a financial penalty. Where the penalty for an offence may be set by delegated legislation, the maximum penalty that can be imposed should be set out on the face of the Bill. The Bill does not do this, so the briefing provides a suggested amendment to achieve this objective.
Vangimalla, D. (2022) The Economic Crime (Transparency and Enforcement) Bill: Delegated Powers (London: Hansard Society)
Delegated legislation is the most common form of legislation in the United Kingdom. It is the legislation of everyday life, impacting millions of citizens daily. But the terminology and procedures that surround it are complex and often confusing. This explainer unpacks delegated legislation - the terminology and Parliament's role in scrutinising it - to reveal more about how delegated legislation really works.
What a week! Suella Braverman's sacking from Government was immediately eclipsed by the appointment of former Prime Minister David Cameron as the new Foreign Secretary. Mark and Ruth explore the many questions this raises, not least for scrutiny of foreign affairs by MPs.
The Prime Minister’s decision to cancel the next stage of HS2 has given rise to criticism that once again the Government has ridden roughshod over Parliament. Just over 1,300 hours of legislative time have been spent on four HS2-related Bills over nine Sessions in the last decade. Why has it taken so long and what now happens to that legislation?
When parliamentarians reassemble at Westminster on 7 November for the start of the new Session, all eyes will be on the legislative programme to be announced in the King’s Speech. Speculation about the likely date of the next general election is rife at Westminster, but until the date is settled there are a lot of parliamentary issues still to be tackled. We’ve picked out a few things to look out for on the political horizon.