Delegated Legislation

Leader of the House – in the House of Commons at 10:30 am on 23 April 2009.

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Photo of Norman Baker Norman Baker Shadow Secretary of State for Transport 10:30, 23 April 2009

What recent consideration she has given to the effectiveness of the House's procedures for scrutinising Delegated legislation.

Photo of Chris Bryant Chris Bryant Deputy Leader of the House of Commons

As I am sure the hon. Gentleman knows, Delegated legislation is subject to a number of different procedures, usually depending on the provisions in its parent Act. My right hon. and learned Friend the Leader of the House and I continue to monitor the effectiveness of all the House's procedures.

Photo of Norman Baker Norman Baker Shadow Secretary of State for Transport

The Deputy Leader of the House will know that a great deal of legislation goes through, necessarily, by statutory instrument, but he will also be aware that it is impossible to amend such statutory instruments; we are given a "take it or leave it" option when such an instrument is put before a Committee upstairs in the Committee corridor. Does he not agree that legislation might be better if amendments to statutory instruments were permitted during such consideration?

Photo of Chris Bryant Chris Bryant Deputy Leader of the House of Commons

Again, this is a proposal that seems attractive but which in the end I do not think is a good idea. As Lord Rippon said in the Hansard Society commission back in 1992, an amendable statutory instrument would be very like a Bill, and all the advantages of the greater flexibility of Delegated legislation would be lost. The truth of the matter is that if the Government want to provide for a full legislative process, with amendments possible, it should be primary, not secondary, legislation that is being brought forward.

Delegated Legislation

Delegated legislation is law made by ministers under powers deriving from Acts of Parliament.

Thousands of pieces of delegated legislation, commonly known as statutory instruments, are passed by Parliament each year.

They enable the government to make minor, technical changes to the law without having to introduce a whole new Act of Parliament.

delegated legislation

Delegated legislation is law made by ministers under powers deriving from Acts of Parliament.

Thousands of pieces of delegated legislation, commonly known as statutory instruments, are passed by Parliament each year.

They enable the government to make minor, technical changes to the law without having to introduce a whole new Act of Parliament.