Although the Bill has been significantly updated since our briefing was published, the points we raised are still of relevance (NB the clause numbering has changed) /2
In this, as in most Bills, delegated powers raise important questions of constitutional, legal, and procedural principle that matter, regardless of views on policy merits of the Bill /3
Changes that tighten the use of powers, limit the extent of discretion, and incorporate scrutiny safeguards buttress the role of #Parliament in scrutinising future executive action and regulations; they need not interfere with or prevent the implementation of intended policy /end
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⬇️ 1/There’s an important debate led by @CamCavendish in @UKHouseofLords later today (6/1/22) about the increasing numbers of ‘skeleton’ Bills & the associated use of delegated powers within them. The anodyne title of the debate belies the constitutional importance of the issue.
2/ The debate follows two recent hard-hitting @UKGHouseofLords Committee reports: ‘Democracy Denied? The urgent need to rebalance power between Parliament and the Executive’ and ‘Government by Diktat: A call to return power to Parliament’.
3/ We highlighted some of the key issues in the reports shortly after they were published in this thread:
🧵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…
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/