LORDS

Evidence sought on delegated powers before introduction of 'Great Repeal Bill'

13 December 2016

The House of Lords Constitution Committee has launched a new Call for Evidence as part of its inquiry into the legislative process. The Committee is looking for evidence on the creation, use and scrutiny of delegated powers, in advance of the introduction next year of a 'Great Repeal Bill'.

Legislative Process inquiry

The Committee is undertaking its large-scale inquiry into the legislative process in four parts. It has already taken evidence on the drafting of legislation before it reaches Parliament.  After considering delegated powers it will move on to the passage of legislation through Parliament, followed finally by the period after Royal Assent.

Questions on delegated powers

Questions the Committee are inviting evidence on for this part of the inquiry include:

  • To what extent, in Brexit-related primary legislation, might the use of secondary legislation be necessary or justified to convert of existing EU law into British law?
  • Will changes will be required to procedures related to the delegation of powers or secondary legislation, to cope with the legislation likely to be required as a result of Brexit?
  • When is it appropriate to delegate powers to make law to Government? Is there a clear boundary between subject-matters which are appropriate for primary legislation on the one hand, and for secondary legislation on the other?
  • Is the Government consistent in its use of Delegated Powers?
  • How effective is parliamentary scrutiny of provisions in primary legislation that delegate power to the Government?
  • Are there times when the use of 'skeleton bills' (where the details are to be added later in secondary legislation) is appropriate?
  • Is there a case for allowing either or both Houses of Parliament additional powers to delay or reject secondary legislation?
  • How far is the intended content of secondary legislation made clear when the Bill is going through Parliament? Should draft secondary legislation be routinely made available when Bills are scrutinised by Parliament?

The deadline for submissions is 5pm on Wednesday 18 January 2017.

Further information

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