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  4. Lords invite views on delegated powers ahead of "Great Repeal Bill"

Lords invite views on delegated powers ahead of "Great Repeal Bill"

15th December 2016 | europe , government-administration

Brexit-related delegated legislative powers are to be considered by a House of Lords committee.

The Constitution Committee has launched a new call for evidence as part of its inquiry into the legislative process, inviting submissions on the creation, use and scrutiny of delegated powers. It comes ahead of the Government's promised "Great Repeal Bill" next year, paving the way for the UK's exit from the European Union.

Questions on which the committee seeks views in this part of its inquiry include:

  • To what extent, in Brexit-related primary legislation, might the use of secondary legislation be necessary or justified to convert existing EU law into British law?
  • Will changes will be required to procedures related to the delegation of powers or secondary legislation, to cope with the legislation likely to be required as a result of Brexit?
  • When is it appropriate to delegate powers to make law to Government? Is there a clear boundary between subject matters which are appropriate for primary legislation on the one hand, and for secondary legislation on the other?
  • Is the Government consistent in its use of delegated powers?
  • How effective is parliamentary scrutiny of provisions in primary legislation that delegate power to the Government?
  • Are there times when the use of "skeleton bills" (where the details are to be added later in secondary legislation) is appropriate?
  • Is there a case for allowing either or both Houses of Parliament additional powers to delay or reject secondary legislation?
  • How far is the intended content of secondary legislation made clear when the bill is going through Parliament? Should draft secondary legislation be routinely made available when bills are scrutinised by Parliament?

Click here to access the call for evidence. The deadline for the submission of written evidence is 5pm on Wednesday 18 January 2017.

In its inquiry the committee has already taken evidence on the drafting of legislation before it reaches Parliament, and after considering delegated powers it will move on to the passage of legislation through Parliament, then finally by the period after royal assent.

 

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