Control of Delegated Legislation- Parliament Flashcards
Why is it important to have control over delegated legislation?
as delegated legislation in many instances is made by non-elected bodies and many people have power to make it
When may there be a public inquiry before a law is passed on a sensitive matter?
laws which may affect the environment
What are the 5 controls by Parliament?
- the enabling Act
- Delegated Powers Scrutiny Committee
- laying before Parliament
- questions by MPs
- Scrutiny Committee
What control does Parliament have?
the initial control over what powers are delegated
What control does the enabling Act have?
this sets the boundaries within which the delegated legislation is to be made
What will all enabling Acts state? (3)
- Which Government Minister can make the regulations
- Which type to laws to be made and whether they can be made for the whole country or just certain areas
- whether the Government department must consult other people before making the regulations
Who has power to repeal the powers in the enabling Act at any time which ceases the right to make regulations?
Parliament
When was the Delegated Powers Scrutiny Committee established in the HOL?
1993
What was the Delegated Powers Scrutiny Committee which was established in 1993 in the HOL set up to do?
to consider whether the provisions of any Bills delegated legislative power inappropriately
Who does the Delegated Powers Scrutiny Committee report its findings to?
to the HOL before the Committee stage of the Bill
Does the Delegated Powers Scrutiny Committee have the power to amend Bills?
no
What 2 ways are statutory instruments normally laid before Parliament?
- affirmative resolution
- negative resolution
What number (small or large) of statutory instruments will be subject to affirmative resolution?
a small number
What does it mean if statutory instruments are subject to affirmative resolution?
this means that the statutory instrument will not become law unless specifically approved by Parliament
Give an example of when affirmative resolution is required?
before new or revised police Codes of Practise under PACE 1984 can come into force
What is a disadvantage of affirmative resolution?
Parliament cannot amend the statutory instrument; it can only be approved, annulled or withdrawn
What does it mean if statutory instruments will be subject to a negative resolution?
this means that the relevant statutory instrument will be law unless rejected by Parliament within 40 days
Who may question individual Ministers on the work of their departments such as proposed regulations?
MP’s in Parliament
What is the most effective check on delegated legislation?
the existence of a Joint Select Committee on Statutory Instruments formed in 1973 known as the Scrutiny Committee
What is the Joint Select Committee on Statutory Instruments (1973) also known as?
the Scrutiny Committee
What does the Scrutiny Committee review?
all statutory instruments
Who will the Scrutiny Committee draw the attention of to points that need further consideration?
both Houses of Parliament
What are the 4 main grounds for referring a statutory instrument back to the Houses of Parliament?
- Imposes a tax or charge
- has a retrospective effect not provided by enabling Act
- beyond the powers given by enabling legislation
- unclear or defective
What is the extent of the Scrutiny Committee’s powers?
it can only report back its findings it has no power to alter any statutory instrument
What are the two main problems with the Scrutiny Committees limited power?
1) the review on all statutory instruments is only a technical one limited to the 4 grounds in which it can only refer back to the Houses of Parliament
2) If they discover a breach they cannot alter the regulations or stop them from becoming law
What is a disadvantage of the enabling Act?
the powers in the Act may be very wide
What are 2 advantages of the enabling Act?
- Parliament sets limits
- Parliament can amend or repeal Act
What are the 2 advantages of the Delegated Powers Scrutiny Committee?
- Looks at proposed powers before they are enacted
- Should ensure that the only appropriate powers are given
What is a disadvantage of the Delegated Powers Scrutiny Committee?
Can only report-cannot amend Bill
What is an advantage of affirmative resolution?
Means Parliament must agree with the regulations
What is a disarrange of affirmative resolution?
time consuming and cannot be used for all SI’s
What is a advantage of negative resolution?
Gives MP’s the opportunity to check SI’s before they come into force
What is a disadvantage of negative resolution?
it is unlikely that many SI’s will be looked at under this procedure
What are the 5 advantages of the Scrutiny Commitee?
ensures
- do not impose taxes
- go beyond powers
- are not retrospective
- do not make unusual or unexpected use of powers
- are not unclear or defective
What are the 2 disadvantages of the Scrutiny Committee?
- Only a technical check
- Can only report to Parliament cannot make changes
