header-logo header-logo

Brexit: Law in a rush?

13 October 2020
Issue: 7906 / Categories: Legal News , Brexit , Constitutional law
printer mail-detail
The Public Law Project (PLP) has highlighted serious flaws in the parliamentary process for delegated legislation in the run-up to Brexit

Its report, ‘Plus ça change? Brexit and the flaws of the delegated legislative system’, published this week, focuses on hundreds of statutory instruments (SIs) that were ‘rubber-stamped’ ahead of Brexit. During the 2017-2019 parliamentary session, 1,835 SIs were laid in total, 615 of which were Brexit-related (about a third). The wordcount of Treasury and HMRC instruments increased fourfold and the average page length of Brexit-related instruments was double the norm.

The report raises concerns about the lack of impact assessments, which were either ‘poor or non-existent’. It highlights the lack of parliamentary debate, noting the government used the urgency procedure 30 times to give SIs immediate legal effect, before they had been debated. Moreover, Henry VIII powers were used by ministers to amend primary legislation that had already been passed by Parliament, in 142 of the 622 Brexit SIs.

The number of legislative errors and mistakes increased, resulting in 97 SIs being laid before Exit Day to fix the mistakes of earlier SIs introduced in the same parliamentary session.

Dr Joe Tomlinson, the PLP’s research director, said: ‘It is the combination of deficiencies that is most concerning.

‘SIs are not meant to bring about important changes in policy because of the lack of scrutiny they allow, but many did exactly that. Parliament was shut out of a significant part of law-making.

‘Those instruments touched on every part of UK life, from food safety to immigration to transport. Very significant policies such as alterations to deportation thresholds and changes to social security law were placed in secondary legislation with no explanation as to why and no mechanism to check the government’s decision to do so.’

Tomlinson called for reform, warning the same problems were now arising in relation to COVID-19.

Issue: 7906 / Categories: Legal News , Brexit , Constitutional law
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll