header-logo header-logo

Ministerial powers ‘inappropriate’

10 June 2020
Issue: 7890 / Categories: Legal News , Constitutional law
printer mail-detail
Peers have lambasted the government’s use of delegated powers for ‘executive convenience’ in the EU (Withdrawal) Act 2018

According to a House of Lords Constitution Committee report this week, ‘Brexit legislation: constitutional issues’, delegated powers should be used only where their use can be ‘clearly anticipated and defined’, constrained as far as is possible and subject to sunset clauses. Moreover, it is ‘in general constitutionally unacceptable’ to use delegated powers to create criminal offences yet the Sanctions and Anti-Money Laundering Bill gives ministers powers to set sanctions of up to ten years’ imprisonment.

The Peers branded ministerial powers to determine which courts can depart from European Court of Justice case law ‘inappropriate’. They highlighted a ‘significant risk’ that these powers could undermine legal certainty, and called on the government to publish in draft any regulations it intends to make using these powers so that ‘substantive consultation’ can take place.

They warned ‘COVID-19 must not blind us to the challenges’ as Parliament scrutinises Brexit.

 

Issue: 7890 / Categories: Legal News , Constitutional law
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll