🧵1/A year ago today the @HouseofCommons that returned from the Easter recess was transformed by #Covid. Since then parliamentary accountability for & control over govt decision-making has diminished to a degree that would have been unthinkable prior to the pandemic.
2/ In a new briefing by our Director @RuthFox01, Prof Meg Russell, Director @ConUnit_UCL, @JoePTomlinson@publiclawprojct & Ronan Cormocain @BinghamCentre highlight 5 ways the govt's approach has marginalised MPs & calls for parliamentary accountability urgently to be restored
3/ We highlight the erosion of parliamentary control in relation to (1) emergency legislation, (2) regulations, & (3) money; (4) MPs denied equal participation rights in some @HouseofCommons business; and (5) wholesale and unnecessary use of proxy votes. hansardsociety.org.uk/publications/b…
4/ Individually, each of these five developments is damaging. Collectively, they amount to a fundamental undermining and exclusion of the @HouseofCommons and its members from crucial decisions– on policy, spending, and the management of the House of Commons itself.
5/ In a parliamentary democracy, govt accountability to Parliament is a core constitutional principle. But in a national emergency, the gravity of the situation can require immediate parliamentary scrutiny be temporarily sacrificed in exchange for subsequent accountability.
6/ Yet the government has failed to keep its side of the bargain. Too frequently, announcements have been made at press conferences, or briefed privately to the media, rather than presented for democratic scrutiny and questioning by MPs.
7/ Ministers have sought extraordinary powers while consistently excluding both the @HouseofCommons as a whole, and certain MPs, from participating in proper oversight.
8/ In the early days of the pandemic necessity arguably justified this approach. But a year on, a real risk exists of damaging precedents being set. This is magnified by the fact that some recent developments have accelerated negative scrutiny trends predating the pandemic.
9/ Unless MPs collectively take a stand against Parliament’s continued marginalisation by ministers, what was once extraordinary risks becoming the norm. There are real dangers that the govt has become too comfortable with decision-making that evades parliamentary scrutiny.
10/ The excessive use of emergency procedures must end, key announcements should be made first to the @HouseofCommons and MPs must be able to debate and approve major policy changes well before they come into effect.
11/ Robust scrutiny is essential for transparency and democratic accountability, but also to ensure that policy itself is adequately robust. Further measures – crucially including any move to vaccine passports – need full oversight by MPs.
12/ Some difficulties during the pandemic have amplified problems at Westminster that had been visible for years. Improvements in the scrutiny of delegated legislation and financial matters have long been called for, particularly by the @HansardSociety.
13/ The extent to which the govt controls the House of Commons agenda, and thereby its procedures, also needs to be reduced. In exiting the current emergency situation, MPs’ decision-making powers in all of these areas badly need to be enhanced. (THE END!) hansardsociety.org.uk/publications/b…
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The Commencement Order for section 1 of the EU (Withdrawal) Act 2018 has just been published. The Order brings into force the provision of the Act which repeals the European Communities Act 1972 on 'exit day': ow.ly/KNAc50vBFvB
The Minister made (signed) the Order on Fri (16th) & it came into force on Sat (17th). The Order only brings into force s.1 of EU(W)A 2018. Three previous Commencement Orders have already brought other parts of EU(W)A 2018 into force (= why this Order is 'Commencement No. 4'). 2/
The fact that s.1 of EU(W)A 2018 is now in force does *not* mean that the repeal of the European Communities Act 1972 has now happened. S.1 of EU(W)A 2018 says that the ECA is repealed on 'exit day'. 'Exit day' is still defined in a separate Statutory Instrument as 31 Oct. 3/