"Constitutionally inappropriate shift of power"
A “constitutionally inappropriate shift of power from Parliament to the Executive” has caused concerns among Peers.
In its sessional report on the 2015-16 Session, published this week, the House of Lords Constitution Committee highlights several Bills that give ministers too much discretion when implementing legislation. The Bills include the Cities and Local Government Devolution Bill, the Psychoactive Substances Bill, the Charities (Protection and Social Investment) Bill and the Childcare Bill.
The report states: “The government appears to be seeking greater discretion in how it implements and interprets legislation while simultaneously seeking to restrict the right of the House of Lords to subsequently scrutinise and approve or reject the government’s use of delegated powers.”
A separate report, also published this week, on the Children and Social Work Bill, reiterates Peers’ concerns. It questions why the creation of a new regulator of social workers is being delegated to the secretary of state, rather than being set out in statute so it can be properly scrutinised by Parliament. It also points out that the Bill allows ministers to use regulation to establish new criminal offences—currently undefined and related to other undefined aspects of the Bill and therefore impossible for the House to scrutinise.
Lord Lang, Chairman of the Committee, said the Bill “continues a worrying trend in which Parliament is asked to agree legislation that is lacking crucial details that allow it properly to scrutinise government proposals.” He said such changes should be set out in primary legislation to allow proper debate, scrutiny and improvement.
