There are problems with both the delegation of powers to make delegated legislation and the scrutiny of the Statutory Instruments (SIs) that arise from those powers. This report sets out some of the central problems that need to be resolved with respect to each of these two aspects of the system.
A number of case studies included in the report evidence the problems and provide practical illustrations of why reform is needed. This report was produced in November 2021 for the public launch of our Delegated Legislation Review, to help ground our case for change. Through our Review, we aim to harness the increased awareness and dissatisfaction that now exists about SIs in order to galvanise reform.
Hansard Society (2021), Delegated legislation: the problems with the process (Hansard Society: London)
This work is supported by the Legal Education Foundation as part of the Hansard Society's Delegated Legislation Review.
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On Friday 12 September, the House of Lords will debate the Bill to legalise assisted dying in England and Wales. We explore what lies ahead for the Bill in the Upper House with Sir David Beamish, former Clerk of the Parliaments – the Lords’ most senior official. Sharing an insider’s guide to the Chamber’s unique, self-regulating procedures, Sir David explains how the legislative process differs from the Commons, and what that could mean for the Terminally Ill Adults (End of Life) Bill’s potentially long and contested passage. Please help us by completing our Listener Survey. It will only take a few minutes.
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Legal expert Joshua Rozenberg joins us this week to unpack the legal and constitutional ramifications of one of the most troubling intersections of government secrecy, national security, and parliamentary accountability in recent memory. Thousands of Afghans who had worked with British forces were placed at risk of Taliban revenge attacks after a catastrophic government data leak in 2022 exposed their details. In response, ministers secured a “super-injunction” – so secret that even its existence could not be reported – effectively silencing public debate and preventing parliamentary scrutiny for almost two years. The breach, only revealed this week, led to a covert resettlement scheme which has already cost taxpayers millions of pounds. Please help us by completing our Listener Survey. It will only take a few minutes.
In our 100th episode, we take stock of Parliament one year after the 2024 general election. With a fractured opposition, a dominant Labour government, and a House of Commons still governed by rules designed for a two-party system, how well is this new Parliament really functioning? Please help us by completing our Listener Survey. It will only take a few minutes.
