Westminster Lens: Parliament and Delegated Legislation in the 2015-16 Session

The end of the transition period is likely to expose even more fully the scope of the policy-making that the government can carry out via Statutory Instruments, as it uses its new powers to develop post-Brexit law. However, there are few signs yet of a wish to reform delegated legislation scrutiny, on the part of government or the necessary coalition of MPs.

Parliament’s role around the end of the Brexit transition and conclusion of the EU future relationship treaty is a constitutional failure to properly scrutinise the executive and the law. As the UK moves to do things differently after 1 January, MPs must do more to ensure they can better discharge their responsibilities regarding the making of UK treaties.

The Coronavirus pandemic has added to the questions surrounding the nature of the Parliament that should emerge from the Palace of Westminster Restoration and Renewal programme. But, with concerns over the programme’s governance and public engagement rising, the report arising from the current review of the programme will not now be published this year.

The debate about remote participation in House of Commons proceedings raises critical questions about what constitutes a ‘good parliamentarian’, what ‘fair’ participation looks like, and who gets to decide. As things stand, the exclusion from much parliamentary business of pregnant women, among others, undermines equality of political representation.

Disputed parliamentary election results – often taking months to resolve – were a frequent feature of English political culture before the reforms of the 19th century. But how could defeated candidates protest the result of an election, and how were such disputes resolved?