UK Parliament / Open data

Legislative and Regulatory Reform Bill

Written question asked by Lord Lester of Herne Hill (Liberal Democrat) on Monday, 20 March 2006, in the House of Lords. It was answered by Lord Bassam of Brighton (Labour) on Monday, 20 March 2006.

Question

Whether Clause 1 of the Legislative and Regulatory Reform Bill will enable them by means of delegated legislation to (a) create a new offence of incitement to religious hatred; (b) curtail or abolish jury trial; (c) permit the Home Secretary to place citizens under house arrest; (d) allow the Prime Minister to dismiss judges; (e) amend the law on nationality and immigrations; and (f) reform the Magna Carta; and

Answer

Part 1 of the Legislative and Regulatory Reform Bill provides a power to reform legislation by order. It also provides a power to implement recommendations made by one or more of the Law Commissions in the United Kingdom for reforming legislation or the common law. Reforms to the common law can be made only to the extent that they are implementing such recommendations, and not otherwise. The Government have made a commitment not to deliver highly controversial measures by order and not to push forward proposals that are opposed by the relevant parliamentary committees (Thursday, 9 February, Official Report, col. 1058–59)In addition, the order-making powers in the Bill are subject to a number of safeguards. All proposals for orders must undergo statutory consultation and orders must be scrutinised by specialist parliamentary committees. In addition, an order that is reforming legislation (except where merely restating provisions) or which is amending or abolishing the common law may be made only if the Minister considers that the following conditions, where relevant, are satisfied:"the policy objective intended to be secured by the provision could not be satisfactorily secured by non-legislative means;""the effect of the order is proportionate to the policy objective;""the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;""the provision does not remove any necessary protection; and""the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise."Where a provision is merely restating legislation or codifying the common law, the Minister must be satisfied that the provision would make the law more accessible or more easily understood.A number of topic-specific restrictions also apply to all orders. For example, an order cannot impose or increase taxation or, other than in the case of an order implementing a Law Commission recommendation, create criminal offences punishable with a penalty above certain specified limits, as under the 2001 Act.

Type
Written question
Reference
4303; 680 c19-20WA
Session
2005-06
Legislative and Regulatory Reform Bill
Thursday, 9 February 2006
Proceeding contributions
House of Commons
Legislative and Regulatory Reform Bill
Monday, 15 May 2006
Written questions
House of Lords
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