Sunset clauses are an important safeguard against the use of unusually broad or general executive powers. They also take different forms: (a) time limiting provisions in an Act (b) time limiting the power to make regulations or (c) time limiting the effect of regulations. (1/8)
The purpose is to ensure e.g. that emergency powers are not used beyond what is needed to deal with genuine conditions of emergency. In the UK it gives Parliament a safety valve in case it thinks an emergency no longer pertains or Gov't measures are no long appropriate. (2/8)
Our existing emergency legislation already tries to strike that balance. The Civil Contingencies Act 2004, for example, provides two key time limits. Regs lapse after:
(a) 7 days from the point they are LAID; and
(b) no more than 30 days after they are MADE. (3/8)
(a) 7 days from the point they are LAID; and
(b) no more than 30 days after they are MADE. (3/8)
There are three other key elements of the emergency powers regime:
(a) unless dissolved, Parliament must sit within 5 days of regulations being made if it isn't already
(b) Parliament can reject or amend the regulations
(c) regulations can be made on a rolling basis (4/8)
(a) unless dissolved, Parliament must sit within 5 days of regulations being made if it isn't already
(b) Parliament can reject or amend the regulations
(c) regulations can be made on a rolling basis (4/8)
One of the challenges presented by a situation like #Coronavirus is that Parliament itself is potentially affected just as much by quarantine measures that may be brought in in the coming months.
What if it isn't safe for Parliament to meet when measures need renewed? (5/8)
What if it isn't safe for Parliament to meet when measures need renewed? (5/8)
This isn't like e.g. a total war, where if the Parliamentary buildings are under attack MPs and Peers could in theory assemble somewhere else. It is the very fact of assembling in person that poses a potential risk.
We also don't know if e.g. quarantines relaxed and when. (6/8)
We also don't know if e.g. quarantines relaxed and when. (6/8)
It's reasonable to ask, in those circumstances, what useful value forcing MPs to physically assemble adds, when it seems likely that the approval by Parliament for extended measures will be a formality. That might "justify" longer sunset clauses or other forms of approval (7/8).
If powers or changes have effect for much longer, or are easier to renew without assembling Parliament for debates/votes, the important thing to look for is how effective scrutiny of the measures can still take place, and what other safeguards exist against abuse of powers. (8/8)
