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LMC
16th-February-2006, 11:05 AM
I never used to be political - but even my apathy is not standing up to recent Government initiatives :mad:

I picked up some polemic in a Times opinion piece (http://www.timesonline.co.uk/article/0,,21129-2040625,00.html) yesterday which made me curious enough to go Googling.

The Legislative and Regulatory Reform Bill is available in full here (http://www.publications.parliament.uk/pa/cm200506/cmbills/111/2006111.htm). Unfortunately, my eyes glazed over after the first paragraph, and I started losing the will to live after the second, but just the mere fact of there being a Human Rights flag on this bill gives me cause for concern (although I haven't checked the relevant section of the HR Act).

The BBC explains the bill (http://news.bbc.co.uk/1/hi/uk_politics/4683726.stm).

So does the Cabinet office (http://www.cabinetoffice.gov.uk/regulation/news/2006/060111.asp).

Another view (http://www.spy.org.uk/spyblog/2006/02/legislative_and_regulatory_ref.html) - blog of UK Public CCTV Surveillance Regulation Campaign.

And other sites, not worth quoting here, that's more than enough to be going on with.

If I've understood all my reading correctly, the above Bill would allow the Government of the day to unilaterally make new laws without reference to Parliament as a whole, let alone the general public via a referendum. Sure, there's safeguards - and we can absolutely trust the Government 100% not to move the goalposts, right?

I thought the Times article was paranoid. Maybe not.

As I only discovered this little gem last night, is there anyone out there who knows more?

TheTramp
16th-February-2006, 12:04 PM
but just the mere fact of there being a Human Rights flag on this bill gives me cause for concern (although I haven't checked the relevant section of the HR Act).

If by 'Human Rights flag' on this Bill, you mean the sentence, right at the start, saying that in Mr Jim Murphy's view, the provisions of the Bill are compatible with Convention Rights, then you should probably know that all Bills (and hence Acts of Parliament when they are passed) need to have this declaration now, and this is no different to any other Bill.

I think that it's a bit of a storm in a teacup. Firstly, the Government pretty much control Parliament anyhow. So, any measure that they want to go through, will go through. Unless there is a backbench rebellion, or they allow a free vote.

Secondly, you may be surprised to know that most legislation is enacted by Ministers (or other nominated bodies) anyhow. I can't be bothered looking up exact figures, but I wouldn't be far out from the real ones, if I estimated that there is 10 times as much delegated legislation enacted, as there are Acts of Parliament passed. The power to enact delegated legislation is given by an Act of Parliament, and can range from anything to simply setting the date for an Act to become law, to filling in the 'blanks' on an Act passed, to making completely new legislation (and no, I can't be bothered to look up examples of this either).

All of this delegated legislation has to be laid before Parliament before it does become law, but there are two 'safeguards' on this. Firstly, there is the affirmative procedure, where a proposed Statutory Instrument has to actually be debated in Parliament (for a maximum of 90 minutes!) and a vote taken on whether or not it should become law - unfortunately, it doesn't say how many MPs actually have to be present at the debate, and for most of these, very few will actually turn up. Secondly, there is the negative procedure, where the SI just has to be laid before the house, and if there's no negative response (in the case that anyone actually notices it) within (usually) 40 days, then it become law. The vast majority of SI's are passed under the negative procedure. There are also 3 committees who look at SI's.

So, there is already a vast amount of legislation enacted, which doesn't require debate in Parliament. Why should a little bit more matter? :whistle:

PS. I know, this was boring. But you did ask!