Parliamentary Controls over DL Flashcards
parliamentary controls [paragraph 1]
As Parliament is the Supreme Law Making Body, it should be able to exercise some control over the DL being created in order to ensure that the bodies making them do not go beyond their powers. It is mainly able to control Statutory Instruments (SI) as these are created by Government Ministers, who’re accountable to Parliament. Parliamentary Controls take place before the DL is enacted.
parent act [paragraph 2]
The first Parliamentary Control is the Parent Act, the Act of Parliament that sets out the powers that a body has to make a piece of DL. They create the framework of the law which delegates authority to others for specific purpose.
Because they are the Supreme Law Making Body, Parliament may repeal the Parent Act at any time and relinquish the power or they may specify that certain organisations/experts must be consulted. There may be safeguards to ensure that the power is only as extensive as Parliament want it to be
(e.g. The Minister for Work and Pensions can only raise the minimum wage, not lower it, thanks to the National Minimum Wage Act 1998).
affirmative resolution [paragraph 3]
The second is an affirmative Resolution, used in around a quarter of SIs. Here, an SI is placed in both Houses of Parliament within 28-40 days of the SI being created. Once the SI has been placed, it must pass a vote in favour in both Houses and if it doesn’t pass the vote in either of the houses, it doesn’t become law.
Under the Criminal Justice and Public Order Act 1994, the minister can create regulations to control sales by ticket touts at sporting events only if they are approved by Parliament.
negative resolution [paragraph 4]
The third, is a Negative Resolution, used in around three quarters of SIs. Here, the SI is made available to read in both Houses of Parliament for 40 days. If no action is taken, then the SI automatically becomes law. Any MP or Peer who disagrees with the SI can raise an objection and call for a ‘prayer’ where a vote is held to ‘annul’ the SI and if it is successful, then the SI doesn’t become law.
scrutiny committee [paragraph 5]
The final is the Scrutiny Committee, which is a group of MPs and Peers who review and check SIs. They can refer any SI back to Parliament for further action if the SI: goes beyond the power given to them in the Parent Act, is badly drafted, creates retrospective law or creates a tax. The Committee cant actually change the SI, only refer it back to Parliament.
