Question
Further to the Written Answer by the Lord Bassam of Brighton on 20 March (WA 18), what are the criteria for deciding whether legislation is reforming legislation for the purpose of triggering the powers contained in Part 1 of the Legislative and Regulatory Reform Bill.
Answer
Part 1 of the Legislative and Regulatory Reform Bill provides a power to make orders for the purposes of reforming legislation or implementing recommendations of the United Kingdom Law Commissions (Clause 1(1)). Clause 2(1) of the Bill further specifies that orders reforming legislation (or implementing Law Commission recommendations) under Clause 1 may amend, repeal or replace any legislation. ““Replace”” means that legislation can be repealed by an order and replaced by free-standing provision in that order. The order-making power in the Bill aims to address the shortcomings of the Regulatory Reform Act 2001, which was too narrowly defined to facilitate the delivery of many beneficial reforms. First and foremost, the Bill aims to operate as an effective vehicle for delivering the Government’s regulatory reform agenda. It provides a flexible power to reform the law, so that worthwhile reforms are not delayed or implemented piecemeal because of arbitrary limits on order-making powers. However, the Government have listened carefully to views on this issue as the Bill has progressed through Parliament and have resolved explicitly to focus the order-making powers in Part 1 on better regulation objectives and Law Commission recommendations. In addition, the Government have committed to give Parliament a statutory veto on the face of the Bill in order to provide assurance that the order-making power will be used appropriately. These provisions will build upon the existing safeguards in the Bill which ensure that orders cannot be used to remove necessary protections, rights or freedoms. The Government have tabled amendments to this effect ahead of the Report stage of the Bill in the other place.