Is the Legislative and Regulatory Reform Bill back?
Back in 2006, a bunch of concerned citizens were worried about an obscurely-named piece of government legislation called the Legislative and Regulatory Reform Bill. In short, the bill’s purpose was to cut red tape, to allow ministers to amend troublesome laws on the fly without all the bother of consulting Parliament and all the tedium of democratic accountability. The bill, in the words of the Guardian’s Marcel Berlins, would make it…
…possible for the government, by ministerial order, without a debate in parliament, to create new criminal offences, punishable with less than two years imprisonment. It could also, according to Cambridge law professor John Spencer (who is not alone in his analysis), introduce house-arrest, give the police stronger powers of arrest and interrogation, set up new courts, and in effect re-write the rules on immigration, nationality, divorce, inheritance and the appointment of judges.
All very scary. I, like many others, had quite a lot to say on the matter.
In the end, thanks to some tenacious campaigning in and out of Parliament, by the time the bill became law it had been sufficiently neutered enough to assuage many concerns. One of the larger ironies was that it later emerged that, despite the fears on one side and the assurances on the other, the Legislative and Regulatory Reform Act did not repeal or amend a single law in its first year of existence.
Now, however, it seems the government is resurrecting the spirit, if not the letter, of the bill. Thanks to the hawk-eyed heroes at Spyblog, we find that nestled away in Jack Straw’s new Constitutional Renewal Bill there is this:
Part 6
FINAL PROVISION43 Power to make consequential provision
(1) A Minister of the Crown, or two or more Ministers of the Crown acting jointly, may by order make such provision as the Minister or Ministers consider appropriate in consequence of this Act.
(2) An order under subsection (1) may –
(a) amend, repeal or revoke any provision made by or under an Act;
(b) include transitional or saving provision.
(3) An order under subsection (1) is to be made by statutory instrument.
(4) A statutory instrument containing an order under subsection (1) which amends or repeals a provision of an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) A statutory instrument containing an order under subsection (1) which does not amend or repeal a provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.
Now, as Tom at Blairwatch points out, this clause allows ministers to amend laws created under this bill only. It does not give a free hand to amend any and all laws willy-nilly as the Legislative and Regulatory Reform Bill did in its original form.
That said, we are talking about bill concerned with constitutional changes - you know, stuff fundamental to our democracy. I’m still ploughing through the draft bill so I’m not entirely sure just how worried we should be at this stage.
I suppose you could take one of two views on this - whichever people take, the government only have themselves to blame. The first would suggest that New Labour ministers hold democracy in contempt - they’ve never been very keen on openness or accountability or parliamentary scrutiny and are more fans of the sofa government and the backroom fix. As such, the Legislative and Regulatory Reform Bill and the clause in Straw’s new bill are manifestations of that.
The second view, which I’m more inclined to take at this moment in time, is that these things are like backdoors in computer systems. I think they’re a tacit admission by the government that they’ve been experts at passing spectacularly bad laws over the last 11 years. And so, they’ve learned the trick of the self-amending law. If something goes wrong, they can sneak in the back and tinker with the law until it’s running a little more smoothly. It does away with all the hassle of having to admit that they’ve cocked up.
I wonder if all of this isn’t anything more sinister than New Labour knowing they’re, well, a bit crap, and are fed up with it being pointed out all the time.
Anyway. Definitely one to be aware of and one to watch.
(More at Ministry of Truth)
| See also • Bill and coup • Chain of command • The Legislative and Regulatory Reform Bill: Not dead yet |
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