Control of Delegated Legislation- Parliament

Question 1

Why is it important to have control over delegated legislation?

Answer 1

as delegated legislation in many instances is made by non-elected bodies and many people have power to make it

Question 2

When may there be a public inquiry before a law is passed on a sensitive matter?

Answer 2

laws which may affect the environment

Question 3

What are the 5 controls by Parliament?

Answer 3

• the enabling Act
• Delegated Powers Scrutiny Committee
• laying before Parliament
• questions by MPs
• Scrutiny Committee

Question 4

What control does Parliament have?

Answer 4

the initial control over what powers are delegated

Question 5

What control does the enabling Act have?

Answer 5

this sets the boundaries within which the delegated legislation is to be made

Question 6

What will all enabling Acts state? (3)

Answer 6

• 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

Question 7

Who has power to repeal the powers in the enabling Act at any time which ceases the right to make regulations?

Answer 7

Parliament

Question 8

When was the Delegated Powers Scrutiny Committee established in the HOL?

Answer 8

1993

Question 9

What was the Delegated Powers Scrutiny Committee which was established in 1993 in the HOL set up to do?

Answer 9

to consider whether the provisions of any Bills delegated legislative power inappropriately

Question 10

Who does the Delegated Powers Scrutiny Committee report its findings to?

Answer 10

to the HOL before the Committee stage of the Bill

Question 11

Does the Delegated Powers Scrutiny Committee have the power to amend Bills?

Answer 11

no

Question 12

What 2 ways are statutory instruments normally laid before Parliament?

Answer 12

• affirmative resolution

- negative resolution

Question 13

What number (small or large) of statutory instruments will be subject to affirmative resolution?

Answer 13

a small number

Question 14

What does it mean if statutory instruments are subject to affirmative resolution?

Answer 14

this means that the statutory instrument will not become law unless specifically approved by Parliament

Question 15

Give an example of when affirmative resolution is required?

Answer 15

before new or revised police Codes of Practise under PACE 1984 can come into force

Question 16

What is a disadvantage of affirmative resolution?

Answer 16

Parliament cannot amend the statutory instrument; it can only be approved, annulled or withdrawn

Question 17

What does it mean if statutory instruments will be subject to a negative resolution?

Answer 17

this means that the relevant statutory instrument will be law unless rejected by Parliament within 40 days

Question 18

Who may question individual Ministers on the work of their departments such as proposed regulations?

Answer 18

MP’s in Parliament

Question 19

What is the most effective check on delegated legislation?

Answer 19

the existence of a Joint Select Committee on Statutory Instruments formed in 1973 known as the Scrutiny Committee

Question 20

What is the Joint Select Committee on Statutory Instruments (1973) also known as?

Answer 20

the Scrutiny Committee

Question 21

What does the Scrutiny Committee review?

Answer 21

all statutory instruments

Question 22

Who will the Scrutiny Committee draw the attention of to points that need further consideration?

Answer 22

both Houses of Parliament

Question 23

What are the 4 main grounds for referring a statutory instrument back to the Houses of Parliament?

Answer 23

• Imposes a tax or charge
• has a retrospective effect not provided by enabling Act
• beyond the powers given by enabling legislation
• unclear or defective

Question 24

What is the extent of the Scrutiny Committee’s powers?

Answer 24

it can only report back its findings it has no power to alter any statutory instrument

Question 25

What are the two main problems with the Scrutiny Committees limited power?

Answer 25

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

Question 26

What is a disadvantage of the enabling Act?

Answer 26

the powers in the Act may be very wide

Question 27

What are 2 advantages of the enabling Act?

Answer 27

• Parliament sets limits

- Parliament can amend or repeal Act

Question 28

What are the 2 advantages of the Delegated Powers Scrutiny Committee?

Answer 28

• Looks at proposed powers before they are enacted

- Should ensure that the only appropriate powers are given

Question 29

What is a disadvantage of the Delegated Powers Scrutiny Committee?

Answer 29

Can only report-cannot amend Bill

Question 30

What is an advantage of affirmative resolution?

Answer 30

Means Parliament must agree with the regulations

Question 31

What is a disarrange of affirmative resolution?

Answer 31

time consuming and cannot be used for all SI’s

Question 32

What is a advantage of negative resolution?

Answer 32

Gives MP’s the opportunity to check SI’s before they come into force

Question 33

What is a disadvantage of negative resolution?

Answer 33

it is unlikely that many SI’s will be looked at under this procedure

Question 34

What are the 5 advantages of the Scrutiny Commitee?

Answer 34

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

Question 35

What are the 2 disadvantages of the Scrutiny Committee?

Answer 35

• Only a technical check

- Can only report to Parliament cannot make changes