Delegated Powers and Regulatory Reform Select Committee
Encyclopedia
The Delegated Powers and Regulatory Reform Committee is a committee of UK
parliamentarians. Members are drawn from the House of Lords
. The committee has several primary functions.
whether the provisions of any bill inappropriately delegate
legislative power
, or whether they subject the exercise of legislative power to an inappropriate level of parliamentary scrutiny
; to report on document
s and draft orders laid before Parliament
under the Regulatory Reform Act 2001
; and to perform, in respect of such documents and orders and subordinate
provisions orders laid under that Act, the functions performed in respect of other instruments by the Joint Committee
on Statutory Instrument
s."
. The purpose of such legislation
is often practical
- to enable ministers
to make provision at a level of detail inappropriate for inclusion in the Act, or designed to meet changing circumstances. But the powers delegated can also be more substantial - enabling ministers to fill in large gaps left by so-called 'skeleton bills', or to amend and even repeal
primary legislation
('Henry VIII powers'). Such enabling clause
s in bills
remove legislation from detailed parliamentary scrutiny.
As a result, this Select Committee was set up.
in the House of Commons
. Bills are accompanied by a special memorandum
explaining each of the proposed delegations. The memorandum, published
with the Committee's report, identifies each of the delegations; describes their purpose; explains why the matter has been left to delegated legislation; and explains the degree of parliamentary control provided for each, and why it is thought appropriate. The committee also has the benefit of an opinion
of its legal adviser
. The committee then examines whether the bill or its parts are appropriate in terms of delegations. In some cases, parts of bills are declared inappropriate. More frequently, recommendations are made to increase the level of parliamentary scrutiny over a particular delegation.
Since the passage of the Regulatory Reform Act 2001, the remit of the committee, and its name, have been extended. It is now the select committee on delegated powers and regulatory
reform. In the case of Regulatory Reform Orders they do not examine the policy
proposed, but whether the statutory tests of the 2001 Act have been met, particularly whether the orders actually reduce regulatory burdens. They also consider whether the proposal is appropriate to be delivered by secondary legislation and at times conclude that this is not the case. Parliament's work in this area is set to expand greatly, with the passage of the Legislative and Regulatory Reform Act 2006.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
parliamentarians. Members are drawn from the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. The committee has several primary functions.
Orders
The Delegated Powers and Regulatory Reform Committee is appointed by the House of Lords in each session with orders of reference "to reportReport
A report is a textual work made with the specific intention of relaying information or recounting certain events in a widely presentable form....
whether the provisions of any bill inappropriately delegate
Delegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
legislative power
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, or whether they subject the exercise of legislative power to an inappropriate level of parliamentary scrutiny
Scrutiny
Scrutiny...
; to report on document
Document
The term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
s and draft orders laid before Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
under the Regulatory Reform Act 2001
Regulatory Reform Act 2001
The Regulatory Reform Act 2001 is an Act of the Parliament of the United Kingdom. It replaced the Deregulation and Contracting Out Act 1994...
; and to perform, in respect of such documents and orders and subordinate
Hierarchy
A hierarchy is an arrangement of items in which the items are represented as being "above," "below," or "at the same level as" one another...
provisions orders laid under that Act, the functions performed in respect of other instruments by the Joint Committee
Joint committee
A Joint Committee is a term in politics that is used to refer to a committee made up of members of both chambers of a bicameral legislature. In other contexts, it refers to a committee with members from more than one organization.-Republic of Ireland:...
on Statutory Instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
s."
Rationale
Parliament often and increasingly confers powers on the executive to make delegated (or secondary) legislationDelegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
. The purpose of such legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
is often practical
Pragmatism
Pragmatism is a philosophical tradition centered on the linking of practice and theory. It describes a process where theory is extracted from practice, and applied back to practice to form what is called intelligent practice...
- to enable ministers
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
to make provision at a level of detail inappropriate for inclusion in the Act, or designed to meet changing circumstances. But the powers delegated can also be more substantial - enabling ministers to fill in large gaps left by so-called 'skeleton bills', or to amend and even repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
primary legislation
Primary legislation
Primary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
('Henry VIII powers'). Such enabling clause
Clause
In grammar, a clause is the smallest grammatical unit that can express a complete proposition. In some languages it may be a pair or group of words that consists of a subject and a predicate, although in other languages in certain clauses the subject may not appear explicitly as a noun phrase,...
s in bills
Bills
The Bills were a youth subculture that thrived in Léopoldville in the late 1950s, basing much of their image and outlook on the cowboys of American Western movies...
remove legislation from detailed parliamentary scrutiny.
As a result, this Select Committee was set up.
Working practices
The committee receives all bills introduced in either House when they reach the Lords. There is no equivalent committeeCommittee
A committee is a type of small deliberative assembly that is usually intended to remain subordinate to another, larger deliberative assembly—which when organized so that action on committee requires a vote by all its entitled members, is called the "Committee of the Whole"...
in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
. Bills are accompanied by a special memorandum
Memorandum
A memorandum is from the Latin verbal phrase memorandum est, the gerundive form of the verb memoro, "to mention, call to mind, recount, relate", which means "It must be remembered ..."...
explaining each of the proposed delegations. The memorandum, published
Publishing
Publishing is the process of production and dissemination of literature or information—the activity of making information available to the general public...
with the Committee's report, identifies each of the delegations; describes their purpose; explains why the matter has been left to delegated legislation; and explains the degree of parliamentary control provided for each, and why it is thought appropriate. The committee also has the benefit of an opinion
Opinion
In general, an opinion is a subjective belief, and is the result of emotion or interpretation of facts. An opinion may be supported by an argument, although people may draw opposing opinions from the same set of facts. Opinions rarely change without new arguments being presented...
of its legal adviser
Legal Adviser
The Legal Adviser of the Department of State is a position within the United States Department of State. It was created by an Act of Congress on February 23, 1931 and given a rank equivalent to that of an Assistant Secretary...
. The committee then examines whether the bill or its parts are appropriate in terms of delegations. In some cases, parts of bills are declared inappropriate. More frequently, recommendations are made to increase the level of parliamentary scrutiny over a particular delegation.
Since the passage of the Regulatory Reform Act 2001, the remit of the committee, and its name, have been extended. It is now the select committee on delegated powers and regulatory
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
reform. In the case of Regulatory Reform Orders they do not examine the policy
Policy
A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...
proposed, but whether the statutory tests of the 2001 Act have been met, particularly whether the orders actually reduce regulatory burdens. They also consider whether the proposal is appropriate to be delivered by secondary legislation and at times conclude that this is not the case. Parliament's work in this area is set to expand greatly, with the passage of the Legislative and Regulatory Reform Act 2006.
Members
As of 22 June 2010, the members are as follows:- Baroness Thomas of WinchesterCelia Thomas, Baroness Thomas of WinchesterCelia Marjorie Thomas, Baroness Thomas of Winchester MBE was a founding member of the Liberal Party in Winchester in the 1960s.Thomas worked in the Liberal Democrat’s Whips Office between 1977 to 2005, becoming its head in 1997...
(Chairman) - Baroness AndrewsKay Andrews, Baroness AndrewsKay Andrews, Baroness Andrews OBE is a British Labour politician.Andrews worked as a Parliamentary Clerk from 1970-85. She then became a policy adviser to Neil Kinnock in his office as Leader of the Opposition 1985-92...
- Lord BlackwellNorman Blackwell, Baron BlackwellNorman Roy Blackwell, Baron Blackwell is a British businessman and politician.The son of Albert and Frances Blackwell, he was educated first at Latymer Upper School, and then at The Royal Academy of Music in London and graduated from Trinity College at Cambridge University with a Master of Arts in...
- Lord Butler of BrockwellRobin Butler, Baron Butler of BrockwellFrederick Edward Robin Butler, Baron Butler of Brockwell, is a retired British civil servant, now sitting in the House of Lords as a Life Peer.-Life:Butler was born in Lytham St Annes on on 3 January, 1938...
- Lord Carlile of BerriewAlex Carlile, Baron Carlile of BerriewAlexander Charles Carlile, Baron Carlile of Berriew, QC is a Liberal Democrat member of the House of Lords.-Early life and career:...
- Baroness Gardner of ParkesTrixie Gardner, Baroness Gardner of ParkesRachel Trixie Anne Gardner, Baroness Gardner of Parkes, AM FRSA is an Australian-born dentist, Conservative politician, and life peeress of the United Kingdom parliament...
- Lord HaskelSimon Haskel, Baron HaskelSimon Haskel, Baron Haskel is a British politician from the Labour Party.-References:...
- Lord Mayhew of Twysden
- Baroness O’LoanNuala O'LoanNuala Patricia O'Loan, Baroness O'Loan, DBE is a noted public figure in Northern Ireland. She was the first Police Ombudsman in between 1999 and 2007. In July 2009, it was announced that she was to be appointed to the House of Lords. Consequently, she was raised to the peerage as Baroness O'Loan,...
- Lord SoleyClive Soley, Baron SoleyClive Stafford Soley, Baron Soley is a Labour Party politician in the United Kingdom.-Early life:He went to Downshall Secondary Modern School on Aldborough Road in Seven Kings near Ilford, then Newbattle Adult Education College in Newbattle, Midlothian, from 1961-3. He did RAF National Service...