Legislative and Regulatory Reform Bill
Encyclopedia
The Legislative and Regulatory Reform Act 2006 (c 51) is an Act
of the Parliament of the United Kingdom
. It was enacted to replace the Regulatory Reform Act 2001
(RRA).
which became the Act was brought before the House of Commons of the United Kingdom in early 2006. As originally drafted, the Bill was controversial, as it would have granted government ministers
wide powers to make secondary legislation that could amend, repeal or replace any primary legislation
or secondary legislation (known as a Henry VIII clause). The government proposed numerous amendments to the Bill on 4 May 2006 and 10 May 2006, to address certain criticisms of the Bill's scope and lack of safeguards.
The Bill received its third reading
in the House of Commons on 16 May 2006, and moved to the House of Lords
. After its first and second readings, the bill was reported with amendments on 19 July 2006, before the summer recess. Its report stage in the House of Lords took place on 26 October 2006, and it received royal assent
on 8 November 2006.
s to reform legislation that is perceived to be "outdated, unnecessary or over-complicated ". A similar procedure is possible under the existing RRA, which permits a minister to make Regulatory Reform Orders (RROs). A review of the first 4 years of operation of the RRA, published by the Cabinet Office
in July 2005, concluded that the RRA "presented a number of hurdles which inhibited the production of RROs", its powers were "too technical and limited", and the procedure should be "extended to deliver non-controversial proposals for simplification".
Under clause 1 of the Bill, a minister can only make an order for two purposes: "reforming legislation" or "implementing recommendations" made by the Law Commission
, the Scottish Law Commission
or the Northern Ireland Law Commission
, with or without changes. Part of the justification for the Bill is that reports of the Law Commissions are often not acted upon for years after they are published. Under clause 2, an order may amend, repeal or replace any primary
or secondary legislation.
Before making an order, clause 3 of the Bill requires the relevant minister to be satisfied that a legislative change is required to secure the policy objective, that the proposed order is "proportionate", "strikes a fair balance" between the public interest and the interests of any persons adversely affected, does not remove any "necessary protection", and does not prevent anyone from exercising rights or freedoms that they "might reasonably expect to continue to exercise".
The Bill contains some express limitations. Clause 5 prevents the Bill being used to "impose or increase taxation"; clause 6 prevents orders under the Bill being used to create any new criminal offence that is punishable by imprisonment for more than 2 years; and clause 7 prevents the Bill being used to authorise any forcible entry, search or seizure, or compel the giving of evidence (subject to exceptions where merely restating existing legislation, or implementing the recommendations of a Law Commission). Clause 8 prevents orders being made in relation to matters within the legislative competence of the Scottish Parliament
, and Clause 9 prevents orders being made to alter the functions of the Welsh Assembly without its prior consent.
Ministers are required to consult widely before making an order under the Bill, lay a draft of a proposed order before Parliament with an explanatory documents. The draft order may pass through Parliament to become a Statutory Instrument
under the existing "negative resolution" or "affirmative resolution" procedures, or a new "super-affirmative resolution" procedure.
by way of judicial review
, but it would be difficult to show that a minister was not "satisfied" that the requirements for making an order were met. In January 2006, the Bill was called "potentially one of the most constitutionally significant Bills that has come before the House for some time" by the House of Commons Select Committee on Regulatory Reform; while supporting the move to cut "red tape
", the Committee asked for extra safeguards to avoid potential "abuse" of the powers in the Bill.
Earlier in January, the House of Lords Select Committee on the Constitution
wrote to the Lord Chancellor to express its concern that the Bill could markedly alter the respective and long-established roles of Ministers and Parliament in the legislative process, and its disappointment that the bill had not been published in draft.
The Bill has been criticised heavily in articles and correspondence published in the press. In The Times
, journalist Daniel Finkelstein
dubbed it the "Bill to End All Bills", and Liberal Democrat
Member of Parliament
David Howarth
called it the "Abolition of Parliament Bill". When the Green Party
passed a motion at their conference against the Bill, it was attacked as threatening to shatter the foundations of democracy.
The Bill has also been criticised by legal professionals. The Law Society
published a briefing note before its Second Reading, expressing concerns that safeguards were too weak, that secondary legislation should not be able to authorise further subordinate legislation, that the powers of non-Ministers acting under delegated powers were not restricted, and that there was no procedure for Parliament to challenge use of the Bill. In a letter published in The Times, six professors of law at the University of Cambridge
wrote that the Bill could be used to create a new offence of incitement to religious hatred
, punishable by two years' imprisonment; curtail or abolish trial by jury
; introduce house arrest
; allow the Prime Minister
to sack judges; rewrite the law on nationality and immigration; and "reform" the Magna Carta
, saying that "It would, in short, create a major shift of powers within the State, which in other countries would require an amendment to the constitution; and one in which the winner would be the executive, and the loser Parliament." Joshua Rozenberg
wrote in The Telegraph
that Clifford Chance
had pointed out that the Bill "usurps the power of Parliament", and David Pannick
QC
wrote in The Times that the Bill "would confer astonishingly broad powers on ministers to make the law of the land".
Barristers Sir Jeremy Lever QC and George Peretz pointed out in a letter to The Times on 23 February 2006 that the Solicitor General
told Parliament on 13 July 1972 that the similar powers in section 2(2) of the European Communities Act 1972
would only be used for "consequential amendments of a small, minor and insignificant kind", although they have been used subsequently to implement EC legislation that has made substantial changes to UK law.
An article in The Guardian compared the Bill to the Civil Contingencies Act 2004
, saying that the Bill was presented as modernising measure but actually gave ministers arbitrary powers, taking "another chunk out of our centuries-old democracy". An article published in The Independent in June 2006 that analysed the last nine years of legal reform attacked the Prime Minister and his Government, claiming that the numerous changes and laws passed since it has been in power have reduced the power of democracy in the UK; the Bill was one example the journalist gave of the kinds of methods being employed to do this.
After the Bill completed its committee stage in the House of Commons, it was reported that the House of Commons Procedure Committee had complained that the Bill "tips the balance between the executive and Parliament too far in the Government's favour". A second report published by the House of Commons Select Committee on Public Administration on 20 April 2006 stated that, "As currently drafted, the Legislative and Regulatory Reform Bill gives the Government powers which are entirely disproportionate to its stated aims."
In May 2006, the House of Lords Constitution Select Committee
published a report which drew attention to a number of issues. The report criticised the manner in which the bill was introduced, commenting that the consultative process was "lamentable", that the bill was not debated on the floor of the House of Commons, as is long accepted practice for bills of first class constitutional importance, and that the late amendments, while welcome, were "something of an indictment of the processes of policy-making and legislation". The report also noted a repetition of the delegation of "unprecedentedly wide power" to ministers, as the Regulatory Reform Act 2001 was described in December 2000; and the further ability for ministers to change legislation to implement recommendations of the Law Commission. The report concluded that the bill, after amendment, was more balanced than before, but remained "over-broad and vaguely drawn", and further safeguards were necessary.
, said, in winding up the debate on Second Reading on 9 February 2006: "I give the House clear undertakings, which I shall repeat in Committee, that the orders will not be used to implement highly controversial reforms", although there is no such restriction in the text of the Bill itself. Respected barrister Francis Bennion
(formerly Parliamentary Counsel
, and author of the authoritative Bennion on Statutory Interpretation) wrote in a letter to The Times on 20 February 2006 that "The Bill opens the door to much-needed reforms in what is called lawyer's law".
In May 2006, a report from the House of Lords Select Committee on Delegated Powers and Regulatory Reform found that clause 1 of the bill was "not far different" from the power granted under the Regulatory Reform Act 2001, and so not inappropriate. While recognising the need for sub-delegation of order-making powers in some situations, the report considered that the case for unlimited sub-delegation was sufficiently made out, and that some limits should be imposed, for example, by specifing categories of person (such as local authorities) to whom powers could be delegated. The report found that the powers of Parliamentary supervision in the amended bill were adequate, but the ability for a minister to change the law to implement recommendations of Law Commission or to consolidate and simplify legislation were thought to be inappropriate, saying that "the statute law should be made by Parliament, not by Ministers".
, entitled "Reducing administrative burdens: effective inspection and enforcement", published in the Hampton Report in a March 2005. Clause 19 contains two principles that regulators must have regard to when exercising particular regulatory functions: regulatory activities must be carried out in a way which is "transparent, accountable, proportionate and consistent", and should be targeted only at cases in which action is needed. Clause 20 and enables a minister to introduce a mandatory Code of Practice for regulators.
, to reduce the number of UK Statutory Instruments required to transpose EU legislation into domestic UK law. These provisions were copied from the European Union Bill which is also before Parliament, but which had made little progress.
, Parliamentary Secretary
to the Cabinet Office
, on 11 January 2006, becoming Bill 111 of the 2005/6 Parliamentary session. A Bill of this nature would usually be introduced by a more senior minister, such as the Chancellor of the Duchy of Lancaster
or the Cabinet Office Minister, but a replacement for John Hutton
had not been announced in over two months since he was promoted to replace David Blunkett
as Secretary of State for Work and Pensions
on 2 November 2005. Hilary Armstrong
became Chancellor of the Duchy of Lancaster in the Cabinet reshuffle on 5 May 2005.
The Bill had its formal First Reading on 11 January 2006 and Second Reading on 9 February 2006, when a programme motion (to curtail debate) and a money resolution were passed.
The Bill was considered by House of Commons Standing Committee
A in eight sittings on 28 February, 2 March, 7 March and 9 March 2006. A number of government amendments were agreed, but none of the amendments proposed by the opposition parties were passed.
The Government published proposed amendments to the Bill on 4 May 2006 which are intended to "to put beyond doubt that the Legislative and Regulatory Reform Bill will only be used to deliver the Government's better regulation agenda".
The amendments make substantial changes to the Bill, replacing the first two clauses entirely with new clauses under which an order can only be made for the purposes of "removing or reducing any burden" from legislation, or of securing that regulatory activities are "carried out in a way which is transparent,accountable, proportionate and consistent" and are "targeted only at cases in which action is needed", or of implementing the recommendations of a Law Commission. The amendments also add a power for a Committee of either of the Houses of Parliament to prevent a draft order being passed, subject to the Committee being over-ruled by the relevant House. Further "follow-up" amendments were published on 10 May 2006 to "ensure total clarity on what this Bill is intended to deliver". Amongst other things, the new amendments ensure that the Orders under the Bill could not be used to amend the Bill itself, once it is enacted, nor to amend the Human Rights Act 1998
.
The Bill was debated on Report from the Standing Committee on 15 May and 16 May 2006. A number of government amendments were made to implement the changes announced earlier on 4 May, and further opposition amendments were debated but rejected. The Bill received its Third Reading in the House of Commons following the debate on 16 May.
, where it was presented by Lord Bassam of Brighton and received its formal First Reading on 17 May, and House of Lords Bill 109 of the 2005/6 Parliamentary session. It had its Second Reading on 13 June, and it was debated in a Committee of the whole house on 3 July, 10 July and 19 July.
After completing its Committee stage on 19 July, the Bill was reported with amendments. The Bill had its report stage in the House of Lords on 26 October, after Parliament returned from its summer recess, and its Third Reading was held on 3 November.
The Bill received Royal Assent
on 8 November 2006.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
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...
. It was enacted to replace 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...
(RRA).
The Bill for this Act
The billBill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
which became the Act was brought before the House of Commons of the United Kingdom in early 2006. As originally drafted, the Bill was controversial, as it would have granted government 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....
wide powers to make secondary legislation that could amend, repeal or replace any 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...
or secondary legislation (known as a Henry VIII clause). The government proposed numerous amendments to the Bill on 4 May 2006 and 10 May 2006, to address certain criticisms of the Bill's scope and lack of safeguards.
The Bill received its third reading
Reading (legislature)
A reading of a bill is a debate on the bill held before the general body of a legislature, as opposed to before a committee or other group. In the Westminster system, there are usually several readings of a bill among the stages it passes through before becoming law as an Act of Parliament...
in the House of Commons on 16 May 2006, and moved to 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....
. After its first and second readings, the bill was reported with amendments on 19 July 2006, before the summer recess. Its report stage in the House of Lords took place on 26 October 2006, and it received royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 8 November 2006.
Part 1: Power to reform legislation
The first Part of the Bill, entitled "Power to reform legislation", permits a government minister to make Statutory InstrumentStatutory 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 to reform legislation that is perceived to be "outdated, unnecessary or over-complicated ". A similar procedure is possible under the existing RRA, which permits a minister to make Regulatory Reform Orders (RROs). A review of the first 4 years of operation of the RRA, published by the Cabinet Office
Cabinet Office
The Cabinet Office is a department of the Government of the United Kingdom responsible for supporting the Prime Minister and Cabinet of the United Kingdom....
in July 2005, concluded that the RRA "presented a number of hurdles which inhibited the production of RROs", its powers were "too technical and limited", and the procedure should be "extended to deliver non-controversial proposals for simplification".
Under clause 1 of the Bill, a minister can only make an order for two purposes: "reforming legislation" or "implementing recommendations" made by the Law Commission
Law Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
, the Scottish Law Commission
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...
or the Northern Ireland Law Commission
Northern Ireland Law Commission
The Northern Ireland Law Commission is a Law Commission in Northern Ireland created under section 50 of the Justice Act 2002, implementing recommendations following the Good Friday Agreement. It replaced the existing non-statutory Law Reform Advisory Committee.The Northern Ireland Law Commission...
, with or without changes. Part of the justification for the Bill is that reports of the Law Commissions are often not acted upon for years after they are published. Under clause 2, an order may amend, repeal or replace any primary
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...
or secondary legislation.
Before making an order, clause 3 of the Bill requires the relevant minister to be satisfied that a legislative change is required to secure the policy objective, that the proposed order is "proportionate", "strikes a fair balance" between the public interest and the interests of any persons adversely affected, does not remove any "necessary protection", and does not prevent anyone from exercising rights or freedoms that they "might reasonably expect to continue to exercise".
The Bill contains some express limitations. Clause 5 prevents the Bill being used to "impose or increase taxation"; clause 6 prevents orders under the Bill being used to create any new criminal offence that is punishable by imprisonment for more than 2 years; and clause 7 prevents the Bill being used to authorise any forcible entry, search or seizure, or compel the giving of evidence (subject to exceptions where merely restating existing legislation, or implementing the recommendations of a Law Commission). Clause 8 prevents orders being made in relation to matters within the legislative competence of the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
, and Clause 9 prevents orders being made to alter the functions of the Welsh Assembly without its prior consent.
Ministers are required to consult widely before making an order under the Bill, lay a draft of a proposed order before Parliament with an explanatory documents. The draft order may pass through Parliament to become a 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...
under the existing "negative resolution" or "affirmative resolution" procedures, or a new "super-affirmative resolution" procedure.
Criticism
Controversially, the order-making powers in the Bill are potentially very wide. Although, for example, the Bill (if it is enacted as drafted) cannot be used to introduce new taxes, there is no restriction on the Bill being used to amend itself; and the tests that a minister must satisfy before making an order are very subjective. An order would be subject to supervision by the High CourtHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
by way of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
, but it would be difficult to show that a minister was not "satisfied" that the requirements for making an order were met. In January 2006, the Bill was called "potentially one of the most constitutionally significant Bills that has come before the House for some time" by the House of Commons Select Committee on Regulatory Reform; while supporting the move to cut "red tape
Red tape
Red tape is excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making...
", the Committee asked for extra safeguards to avoid potential "abuse" of the powers in the Bill.
Earlier in January, the House of Lords Select Committee on the Constitution
Constitution Committee (House of Lords)
The Constitution Committee is a cross-party select committee of the House of Lords, the upper chamber of the Parliament of the United Kingdom. The Committee’s remit is “to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of...
wrote to the Lord Chancellor to express its concern that the Bill could markedly alter the respective and long-established roles of Ministers and Parliament in the legislative process, and its disappointment that the bill had not been published in draft.
The Bill has been criticised heavily in articles and correspondence published in the press. In The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
, journalist Daniel Finkelstein
Daniel Finkelstein
Daniel Finkelstein OBE is a British journalist and former politician. He is the Executive Editor of The Times, where he's also Chief Leader Writer and a weekly political columnist.-Background:...
dubbed it the "Bill to End All Bills", and Liberal Democrat
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
David Howarth
David Howarth
David Ross Howarth is a British Liberal Democrat politician who was Member of Parliament for Cambridge from 2005 to 2010.- Education and academic career :...
called it the "Abolition of Parliament Bill". When the Green Party
Green Party of England and Wales
The Green Party of England and Wales is a political party in England and Wales which follows the traditions of Green politics and maintains a strong commitment to social progressivism. It is the largest Green party in the United Kingdom, containing within it various regional divisions including...
passed a motion at their conference against the Bill, it was attacked as threatening to shatter the foundations of democracy.
The Bill has also been criticised by legal professionals. The Law Society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
published a briefing note before its Second Reading, expressing concerns that safeguards were too weak, that secondary legislation should not be able to authorise further subordinate legislation, that the powers of non-Ministers acting under delegated powers were not restricted, and that there was no procedure for Parliament to challenge use of the Bill. In a letter published in The Times, six professors of law at the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
wrote that the Bill could be used to create a new offence of incitement to religious hatred
Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion...
, punishable by two years' imprisonment; curtail or abolish trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
; introduce house arrest
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
; allow the Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
to sack judges; rewrite the law on nationality and immigration; and "reform" the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
, saying that "It would, in short, create a major shift of powers within the State, which in other countries would require an amendment to the constitution; and one in which the winner would be the executive, and the loser Parliament." Joshua Rozenberg
Joshua Rozenberg
Joshua Rozenberg is a British legal commentator and journalist.After taking a law degree at Wadham College, University of Oxford, he qualified as a solicitor in 1976, at Dixon Ward solicitors in Richmond, Surrey....
wrote in The Telegraph
The Daily Telegraph
The Daily Telegraph is a daily morning broadsheet newspaper distributed throughout the United Kingdom and internationally. The newspaper was founded by Arthur B...
that Clifford Chance
Clifford Chance
Clifford Chance LLP is a global law firm headquartered in London, United Kingdom and a member of the 'Magic Circle' of leading UK law firms. It is one of the ten largest law firms in the world measured by both number of lawyers and revenue...
had pointed out that the Bill "usurps the power of Parliament", and David Pannick
David Pannick
David Philip Pannick, Baron Pannick QC is a leading barrister in the United Kingdom, and crossbencher in the House of Lords. He practises mainly in the areas of public law and human rights...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
wrote in The Times that the Bill "would confer astonishingly broad powers on ministers to make the law of the land".
Barristers Sir Jeremy Lever QC and George Peretz pointed out in a letter to The Times on 23 February 2006 that the Solicitor General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
told Parliament on 13 July 1972 that the similar powers in section 2(2) of the European Communities Act 1972
European Communities Act 1972
European Communities Act 1972 can refer to:*European Communities Act 1972 * European Communities Act 1972...
would only be used for "consequential amendments of a small, minor and insignificant kind", although they have been used subsequently to implement EC legislation that has made substantial changes to UK law.
An article in The Guardian compared the Bill to the Civil Contingencies Act 2004
Civil Contingencies Act 2004
The Civil Contingencies Act 2004 is an Act of the Parliament of the United Kingdom that establishes a coherent framework for emergency planning and response ranging from local to national level...
, saying that the Bill was presented as modernising measure but actually gave ministers arbitrary powers, taking "another chunk out of our centuries-old democracy". An article published in The Independent in June 2006 that analysed the last nine years of legal reform attacked the Prime Minister and his Government, claiming that the numerous changes and laws passed since it has been in power have reduced the power of democracy in the UK; the Bill was one example the journalist gave of the kinds of methods being employed to do this.
After the Bill completed its committee stage in the House of Commons, it was reported that the House of Commons Procedure Committee had complained that the Bill "tips the balance between the executive and Parliament too far in the Government's favour". A second report published by the House of Commons Select Committee on Public Administration on 20 April 2006 stated that, "As currently drafted, the Legislative and Regulatory Reform Bill gives the Government powers which are entirely disproportionate to its stated aims."
In May 2006, the House of Lords Constitution Select Committee
Constitution Committee (House of Lords)
The Constitution Committee is a cross-party select committee of the House of Lords, the upper chamber of the Parliament of the United Kingdom. The Committee’s remit is “to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of...
published a report which drew attention to a number of issues. The report criticised the manner in which the bill was introduced, commenting that the consultative process was "lamentable", that the bill was not debated on the floor of the House of Commons, as is long accepted practice for bills of first class constitutional importance, and that the late amendments, while welcome, were "something of an indictment of the processes of policy-making and legislation". The report also noted a repetition of the delegation of "unprecedentedly wide power" to ministers, as the Regulatory Reform Act 2001 was described in December 2000; and the further ability for ministers to change legislation to implement recommendations of the Law Commission. The report concluded that the bill, after amendment, was more balanced than before, but remained "over-broad and vaguely drawn", and further safeguards were necessary.
Support
The government minister responsible, Jim MurphyJim Murphy
James Francis "Jim" Murphy is a British Labour Party politician and is the Member of Parliament for East Renfrewshire....
, said, in winding up the debate on Second Reading on 9 February 2006: "I give the House clear undertakings, which I shall repeat in Committee, that the orders will not be used to implement highly controversial reforms", although there is no such restriction in the text of the Bill itself. Respected barrister Francis Bennion
Francis Bennion
Francis Alan Roscoe Bennion is a barrister in the United Kingdom. He is the author of several leading UK legal texts, including in particular Bennion on Statutory Interpretation ....
(formerly Parliamentary Counsel
Parliamentary Counsel
Parliamentary counsel are lawyers who prepare legislation that it is proposed to pass into law. The term Parliamentary draftsman is also widely used. These terms are used in relation to the United Kingdom parliament, and other parliaments on the Westminster system...
, and author of the authoritative Bennion on Statutory Interpretation) wrote in a letter to The Times on 20 February 2006 that "The Bill opens the door to much-needed reforms in what is called lawyer's law".
In May 2006, a report from the House of Lords Select Committee on Delegated Powers and Regulatory Reform found that clause 1 of the bill was "not far different" from the power granted under the Regulatory Reform Act 2001, and so not inappropriate. While recognising the need for sub-delegation of order-making powers in some situations, the report considered that the case for unlimited sub-delegation was sufficiently made out, and that some limits should be imposed, for example, by specifing categories of person (such as local authorities) to whom powers could be delegated. The report found that the powers of Parliamentary supervision in the amended bill were adequate, but the ability for a minister to change the law to implement recommendations of Law Commission or to consolidate and simplify legislation were thought to be inappropriate, saying that "the statute law should be made by Parliament, not by Ministers".
Part 2: Regulators
The second Part of the Bill, entitled "Regulators", implements recommendations of a review led by Philip HamptonPhilip Hampton
Sir Philip Roy Hampton is the chairman of the Royal Bank of Scotland. Originally he joined RBS as the deputy chairman on the 19th of January 2009 and was promoted to chairman on the 3rd of February the same year...
, entitled "Reducing administrative burdens: effective inspection and enforcement", published in the Hampton Report in a March 2005. Clause 19 contains two principles that regulators must have regard to when exercising particular regulatory functions: regulatory activities must be carried out in a way which is "transparent, accountable, proportionate and consistent", and should be targeted only at cases in which action is needed. Clause 20 and enables a minister to introduce a mandatory Code of Practice for regulators.
Part 3: European Community legislation
The third Part of the Bill, entitled "Legislation Relating to the European Communities etc", makes provision about legislation relating to the European CommunitiesEuropean Communities
The European Communities were three international organisations that were governed by the same set of institutions...
, to reduce the number of UK Statutory Instruments required to transpose EU legislation into domestic UK law. These provisions were copied from the European Union Bill which is also before Parliament, but which had made little progress.
House of Commons
The Bill was introduced in the House of Commons by Jim MurphyJim Murphy
James Francis "Jim" Murphy is a British Labour Party politician and is the Member of Parliament for East Renfrewshire....
, Parliamentary Secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
to the Cabinet Office
Cabinet Office
The Cabinet Office is a department of the Government of the United Kingdom responsible for supporting the Prime Minister and Cabinet of the United Kingdom....
, on 11 January 2006, becoming Bill 111 of the 2005/6 Parliamentary session. A Bill of this nature would usually be introduced by a more senior minister, such as the Chancellor of the Duchy of Lancaster
Chancellor of the Duchy of Lancaster
The Chancellor of the Duchy of Lancaster is, in modern times, a ministerial office in the government of the United Kingdom that includes as part of its duties, the administration of the estates and rents of the Duchy of Lancaster...
or the Cabinet Office Minister, but a replacement for John Hutton
John Hutton (Labour MP)
John Matthew Patrick Hutton, Baron Hutton of Furness is a British Labour Party politician who was the Member of Parliament for Barrow and Furness in Cumbria from 1992 to 2010, and has served in a number of Cabinet offices, including Defence Secretary and Business Secretary...
had not been announced in over two months since he was promoted to replace David Blunkett
David Blunkett
David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...
as Secretary of State for Work and Pensions
Secretary of State for Work and Pensions
The Secretary of State for Work and Pensions is a post in the British Cabinet, responsible for the Department for Work and Pensions. It was created on 8 June 2001 by the merger of the Employment part of the Department for Education and Employment and the Department of Social Security.The Ministry...
on 2 November 2005. Hilary Armstrong
Hilary Armstrong
Hilary Jane Armstrong, Baroness Armstrong of Hill Top is a British Labour Party politician who was the Member of Parliament for North West Durham from 1987 to 2010.-Early life:...
became Chancellor of the Duchy of Lancaster in the Cabinet reshuffle on 5 May 2005.
The Bill had its formal First Reading on 11 January 2006 and Second Reading on 9 February 2006, when a programme motion (to curtail debate) and a money resolution were passed.
The Bill was considered by House of Commons Standing Committee
Standing Committee (UK)
In the British House of Commons, public bill committees consider Bills – proposed Acts of Parliament. The House of Lords does not have such committees, as Bills are usually considered by the House as a whole....
A in eight sittings on 28 February, 2 March, 7 March and 9 March 2006. A number of government amendments were agreed, but none of the amendments proposed by the opposition parties were passed.
The Government published proposed amendments to the Bill on 4 May 2006 which are intended to "to put beyond doubt that the Legislative and Regulatory Reform Bill will only be used to deliver the Government's better regulation agenda".
The amendments make substantial changes to the Bill, replacing the first two clauses entirely with new clauses under which an order can only be made for the purposes of "removing or reducing any burden" from legislation, or of securing that regulatory activities are "carried out in a way which is transparent,accountable, proportionate and consistent" and are "targeted only at cases in which action is needed", or of implementing the recommendations of a Law Commission. The amendments also add a power for a Committee of either of the Houses of Parliament to prevent a draft order being passed, subject to the Committee being over-ruled by the relevant House. Further "follow-up" amendments were published on 10 May 2006 to "ensure total clarity on what this Bill is intended to deliver". Amongst other things, the new amendments ensure that the Orders under the Bill could not be used to amend the Bill itself, once it is enacted, nor to amend the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
.
The Bill was debated on Report from the Standing Committee on 15 May and 16 May 2006. A number of government amendments were made to implement the changes announced earlier on 4 May, and further opposition amendments were debated but rejected. The Bill received its Third Reading in the House of Commons following the debate on 16 May.
House of Lords
The Bill moved to the House of LordsHouse 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....
, where it was presented by Lord Bassam of Brighton and received its formal First Reading on 17 May, and House of Lords Bill 109 of the 2005/6 Parliamentary session. It had its Second Reading on 13 June, and it was debated in a Committee of the whole house on 3 July, 10 July and 19 July.
After completing its Committee stage on 19 July, the Bill was reported with amendments. The Bill had its report stage in the House of Lords on 26 October, after Parliament returned from its summer recess, and its Third Reading was held on 3 November.
The Bill received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 8 November 2006.
Section 33 - Commencement
This section provides that the Act came into force at the end of the period of two months that began on the date on which it was passed. The word "months" means calendar months. The day (that is to say, 8 November 2006) on which the Act was passed (that is to say, received royal assent) is included in the period of two months. This means that the Act came into force on 8 January 2007.Further reading
- Text of the Bill introduced to the House of Commons on 11 January 2006
- Explanatory notes to the Bill as introduced on 11 January 2006
- Text of the Bill on Report, 9 March 2006
- Text of the Bill introduced to the House of Lords on 17 May 2006
- Explanatory notes to the Bill as introduced on 17 May 2006
- Amendments in the House of Lords
- Text of the Bill as amended in Committee in the House of Lords, 19 July 2006
- Review of the Regulatory Reform Act 2001, Cabinet OfficeCabinet OfficeThe Cabinet Office is a department of the Government of the United Kingdom responsible for supporting the Prime Minister and Cabinet of the United Kingdom....
(PDF, 59 pages) - Reducing administrative burdens: effective inspection and enforcement (Philip Hampton, March 2005), HM TreasuryHM TreasuryHM Treasury, in full Her Majesty's Treasury, informally The Treasury, is the United Kingdom government department responsible for developing and executing the British government's public finance policy and economic policy...
(PDF, 147 pages) - Amendments published by the Cabinet Office, 4 May 2006 (PDF, 10 pages)
- Further amendments published by the Cabinet Office, 10 May 2006 (PDF, 3 pages)
External links
- The Legislative and Regulatory Reform Act 2006, as amended from the National Archives.
- The Legislative and Regulatory Reform Act 2006, as originally enacted from the National Archives.
- Explanatory notes to the Legislative and Regulatory Reform Act 2006.
- Save Parliament - a campaign against this Bill
- Save Parliament Blog
- Fear over plans to cut red tape, BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
, March 17, 2006. - Interview with Kenneth ClarkeKenneth ClarkeKenneth Harry "Ken" Clarke, QC, MP is a British Conservative politician, currently Member of Parliament for Rushcliffe, Lord Chancellor and Secretary of State for Justice. He was first elected to Parliament in 1970; and appointed a minister in Edward Heath's government, in 1972, and is one of...
and Jim MurphyJim MurphyJames Francis "Jim" Murphy is a British Labour Party politician and is the Member of Parliament for East Renfrewshire....
, BBC Radio 4BBC Radio 4BBC Radio 4 is a British domestic radio station, operated and owned by the BBC, that broadcasts a wide variety of spoken-word programmes, including news, drama, comedy, science and history. It replaced the BBC Home Service in 1967. The station controller is currently Gwyneth Williams, and the...
, Today programmeToday programmeToday is BBC Radio 4's long-running early morning news and current affairs programme, now broadcast from 6.00 am to 9.00 am Monday to Friday, and 7.00 am to 9.00 am on Saturdays. It is also the most popular programme on Radio 4 and one of the BBC's most popular programmes across its radio networks...
, February 22, 2006. - Telegraph Opinion: Labour isn't wicked - but it's doing just what the Nazis did