The 1st SI - Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regs 2021 – made Covid vaccination in effect mandatory for all those undertaking work activities in regulated care homes & has been in force since 11 Nov 2021. /2 hansardsociety.org.uk/blog/the-care-…
This SI was subject to damning Secondary Legislation Scrutiny Committee (SLSC) report for poor supporting docs & missing Impact Assessment. MPs like @Mark_J_Harper called asking MPs to OK it w/o such info an "abuse of the House" & in only 90-min SI debate "frankly offensive". /3
The 2nd SI - Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus)(No. 2) Regs 2021 – provide for mandatory vaccination of some NHS and wider care workers. It was rolled together with ‘Plan B’ measures approved by Parl in Dec. /4 hansardsociety.org.uk/publications/b…
This NHS vaccination SI was also subject to a damning SLSC report before its parly debate, due to insufficient supporting information and a failure to make reference to any lessons learned from the roll-out of mandatory vaccination in care homes. /5 publications.parliament.uk/pa/ld5802/ldse…
An Impact Assessment was published prior to the NHS vaccination SI debate, but only 4 days beforehand, not all MPs were aware of its existence, and the IA itself was anyway rated ‘not fit for purpose’ by the Regulatory Policy Committee @RPC_Gov_UK. /6 assets.publishing.service.gov.uk/government/upl…
Assuming the gov goes ahead & ends vaccination as a condition of deployment in health & social care, this will need a new SI to revoke the 2 mandatory vaccination ones. Health Secretary indicated this new SI will "be subject to the will of the House". /7 hansard.parliament.uk/commons/2022-0…
The gov’s approach to this new revoking SI will show if lessons have been learned from the mandatory vaccination SIs – in terms of supporting info & timeliness & length of debates. /8
Effective parly scrutiny requires gov to explain & provide evidence base for its decisions. Better evidence ⏩ better parly scrutiny ⏩ better law. Adequacy of supporting docs for SIs is among issues we're examining in our #DelegatedLegislationReview /9 hansardsociety.org.uk/projects/deleg…
⬇️ 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:
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
🧵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/