Government Consultation Response to the Strathclyde Review
Since the Government first published its Consultation Principles in July 2012 (last revised in March 2018), the Committee has taken a close interest in the Government’s approach to consultation practice and its application to secondary legislation. Over several sessions, the Committee has published a number of reports commenting on the Government's consultation practice and consultation principles. Direct links to the Committee's Reports and related correspondence can be found here.
In the 2015-16 Session, the Committee conducted a short inquiry into the implications of Lord Strathclyde's review. The Committee rejected all of the three options for a change to the way the House of Lords scrutinises secondary legislation and recommended that the Lords should retain its power to reject secondary legislation, albeit only in exceptional circumstances.
The Number of Corrections to Statutory Instruments in 2014 This highlights the marked increase in errors of various types and suggests ways that the government should address them.
What happened next? A study of Post-Implementation Reviews of secondary legislation 2009
Government Departments should usually evaluate legislation within 3 to 5 years of it becoming law to see whether it is having the intended effect. This report found that only 54% had done any sort of evaluation.
Cumulative impact of statutory instruments on schools
In the 2006-07 session the Department for Education (then called DCSF) made over 100 regulations that affected schools. Based on evidence from teachers, heads and governors the report recommends less legislation and proposes ways to manage it better.
The Management of Secondary Legislation 2006
The first report in 2006 illustrated good and bad practice from Whitehall Departments in how regulations are explained, consulted on and costed. We followed this up two years later to see what progress Departments had made.