Please enable JavaScript.
Coggle requires JavaScript to display documents.
Parliamentary Controls on DL (Checks on Enabling Act (P have initial…
Parliamentary Controls on DL
Why They are Needed
Made by non-elected bodies
Wide range of people with the power to make DL
Control = exercised by Parliament and courts
Checks on Enabling Act
P have initial control over what powers are delegated in the EA - sets out limits within which any DL must be made
Eg. Act will state which Gov minister can make regulations
States type of laws to be made and whether they can be made for whole country/certain places
Can set out whether the Gov department must consult other people before making the regulations
P can repeal powers in EA at any time - right to make legislation ceased
Various Parliamentary Committees which scrutinise DL to see if been made appropriately (eg Joint Committee on Stat Instruments)
Affirmative Resolutions
Small number of Stat Instruments subject to AR
SI will not become law unless specifically approved by P
Need for AR included in EA
AR required before new/revised police Codes of Practice under PACE can come into force
Disadvantage = P cannot amend the SI - only approve/annul/withdraw
Negative Resolutions
Most SI subject to a NR - relevant SI will become law unless rejected by P in 40 days
Main problem = very few SI will be looked at
Available for Parliamentary Committees to scrutinise but due to the sheer amount made, only a few will be looked at
Super-affirmative Resolution Procedure
Available if DL has been made under the authority of the Legislative and Regulatory Reform Act 2006 when P has given greater control as the Act gives Ministers very wide powers to amend AoPs
Questioning of Gov Ministers
Individual ministers can be questioned by MPs in HoC on the work of their department
Can include questions about proposed/current DL
Scrutiny Committees
Reviews all SI - where necessary will draw the attention of both Houses to points that need further consideration
Review = technical, not based on policy
Main grounds for referring a SI back to Houses of P
Imposes tax/charge - only an elected body has such right
Appears to have a retrospective effect which was not provided by EA
Gone beyond EA powers
Makes some unusual/unexpected use of EA powers
Unclear/defective in some way
Can only report back findings, no power to alter any SI
Main problems = review is only technical, limited
Even if Committee discovers a breach - they cannot alter regulations/stop them from becoming law - can only draw attention of P to matter