Law Weblog
Legislative and Regulatory Reform Act finally breaths
Friday 10 November 2006 at 10:19 pm | In News | 1 CommentThe Legislative and Regulatory Reform Act 2006 which received Royal Assent this week will – from 8 January 2007 – give ministers new powers to strip away red tape.
The Act is seen as the way forward to fight bureaucracy. Although there are provisions that will ensure Parliament can block controversial decisions it has been dubbed “The Destruction of Parliament Act”, because the provisions allow ministers to avoid the full process needed for a full Act but to achieve the same result.
The effect of the Act will be to create a new form of Delegated Legislation which empowers a minister to make an order to improve business, including creation or removal of a criminal sanction from almost any other legislative form from byelaws to Acts of Parliament themselves.
Orders will be created by Statutory Instrument made by:
(i) the negative resolution procedure;
(ii) the affirmative resolution procedure; or
(iii) the super-affirmative resolution procedure (this new procedure allows material changes to the order if made within 60 days)
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The initial bill was controversial because it conferred a great deal of power to ministers. That power was that a minister could by order, ammend any legislation without parliamentary approval or scrutiny.
This Act is a power grab by the executive. Although the final Act is less serious than the original bill, it still represents a step towards a more powerful ‘cabinet’, at the expense of other M.Ps.
If the enemy tries to advance 1 mile, but you push him back half a mile, has he still not advanced?
Comment by Eddy — Wednesday 3 January 2007 7:07 pm #