This report presents original research data on delegated legislation in the 2015-16 parliamentary session. In doing so, it seeks to plug the statistical hole that exists in the understanding of the delegated legislation process, for parliamentarians, officials and observers alike.
This 2017 research report in our Westminster Lens data series builds on our 2014 study The Devil is in the Detail: Parliament and Delegated Legislation. That study laid bare the complexities, weaknesses and contradictions in the delegated legislation scrutiny process, in the first comprehensive study of this process in decades.
This report on delegated legislation in the 2015-16 parliamentary session shines further light on the process by providing detailed original data on the types of delegated powers used, the types, volume and flow of delegated legislation, the amount of parliamentary scrutiny to which Statutory Instruments were subject during the session, and the results of the parliamentary scrutiny process. The report thus furnishes essential data to improve the quality of the political debate around the rights and wrongs of delegated legislation and its scrutiny.
Introduction
Henry VIII powers
Volume
Number of pages
By department
EU-related instruments
Type of instrument
House of Commons-only instruments
English votes for English laws (EVEL)
The scrutiny process
Scrutiny time
Scrutiny of negative instruments
The 21-day rule
Scrutiny of affirmative instruments 19
Rejecting instruments
Withdrawn and correcting instruments
Rishi Sunak offered his MPs a free vote on his flagship Tobacco and Vapes Bill and dozens concluded they could not support it. As well as exploring the politics of the Bill, Ruth and Mark discuss the concept of a free vote and how they have been deployed in previous parliamentary sessions.
The Parliament Act is being bandied about in the media again in connection with the Rwanda Bill. This blogpost explains why the Parliament Act cannot be used in relation to the Rwanda Bill and looks at the origins and key features of the Act to place the current debate about the role of the House of Lords in its historical context.
The Government’s flagship Tobacco and Vapes Bill will ban the sale of tobacco to anyone born after 2009. The genesis of the delegated powers in the Bill – dating back a decade - tells an important story about the way in which incomplete policy-making processes are used by Ministers to seek ‘holding’ powers in a Bill, only for that precedent to then be used to justify further, broader powers in subsequent Bills. This ‘creeping’ effect in the legislative process undermines parliamentary scrutiny of ministerial action.
This week we are joined by former House of Commons Clerk, Paul Evans, to discuss William Wragg’s fall from grace following a ‘honeytrap sting’. What does it tell us about the vulnerabilities public officials face in the digital age, and the complex interplay between personal conduct and public service?
Wayne David's groundbreaking Private Member's Bill aimed at thwarting Strategic Litigation Against Public Participation (SLAPPs) may be the most significant Private Member’s Bill to emerge from this final year of the current Parliament. But is there enough time to get this measure into law before the general election?
