For people trying to understand what the row is this week over coronavirus law, please see the attached summary of procedure for delegated legislation, here:
parliament.uk/about/how/laws…
The problem is that the Government has been over-using the "rare" made affirmative procedure.
"Most SIs subject to the affirmative procedure are laid in the form of a draft SI. They are considered by the Joint Committee on Statutory Instruments (JCSI)." ...
"The role of this committee is to scrutinise the SI to ensure it is legal and *does not go beyond the powers specified in the parent Act*." [emphasis mine]
The Public Health (Control of Disease) Act 1984 is subject to JR, now at appeal:
hansard.parliament.uk/Commons/2020-0…
See for example:
And do look at the excellent Coronavirus Statutory Instruments Dashboard from @HansardSociety - it is very much more interesting than it sounds!
hansardsociety.org.uk/publications/d…
And massive thanks to everyone at @HansardSociety for such hard work and a great tool.
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