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Working to make Parliament more effective 🎧 Parliament Matters: ✉️ NOT the record of parliamentary debates!
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Pinned Tweet
Frustrated with the way Westminster works? Parliamentary reform is needed to improve the way the country is governed. Theresa May has firsthand experience from the backbenches to the Despatch Box. Book your ticket now to discuss the change that we need.
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So, we’ve had an initial look at the delegated powers in the
#NorthernIrelandProtocol
Bill. In short, they are quite breathtaking. 🧵
#NIProtocol
#NIP
1/
75
1K
2K
We make no comment on the Bill's legal/policy justifications - others are better-placed to do so. But on the scope of the powers & the scrutiny implications for Parliament, the provisions are on a par with - & arguably surpass - the broadest powers we saw in the Brexit bills. 2/
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NEW: The inability of MP's to secure a recall of the
@HouseofCommons
over the exams fiasco again highlights the excessive level of control the government exercises over the operation of the House. Our latest blog explains why and what needs to change
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If you care about parliamentary democracy, this is for you⬇️
The Govt is trying to amend the law with minimal scrutiny to introduce protest regulations previously rejected by Parliament. How is this possible? And what might happen? Join us Fri to find out
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First, every regulation-making power in the Bill is essentially converted into a 'Henry VIII' power by clause 22, which says regulations made under this Act may make any provision that could be made by an Act of Parliament, including provisions modifying this Bill/Act. 3/
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So, if the actual Protocol were to be amended or replaced, the new UK-EU agreement could be implemented in the UK not by an Act of Parliament but by regulations - which would mean limited parliamentary scrutiny of the implementing legislation. 13/
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We'll be producing a detailed briefing on the powers in the Bill, as we've done for previous Bills as part of our ongoing Delegated Legislation Review. Watch this space! /End
#DLR
#delegatedpowers
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The undefined concepts of ‘appropriateness’ & ‘in connection with’, as thresholds for Ministers to meet, are regularly complained about by the
@UKHouseofLords
Delegated Powers Committee (see p18 of our recent Compendium on Legislative Standards). 5/
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We are reasonably confident that many Peers will want to replace these terms with, for example, tighter wording such as 'necessary' instead of 'appropriate', to limit ministerial discretion. 6/
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Second, of the Bill's 26 clauses, 10 provide for Ministers to ‘by regulations, make any provision which the Minister *considers appropriate in connection with*’ the Protocol, or other parts of the Withdrawal Agreement, or the NIP Bill itself. 4/
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At weekly Business Qs, HoC Leader Jacob Rees-Mogg says appointment of Intelligence & Security C'tee "is going through the normal processes". Except this isn't normal: process this time is slowest in history of the C'tee, as
@adefty
highlighted for us here:
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Third, inasmuch as the
#NIP
Bill powers could be compared with equivalent powers in other Acts (eg EU Withdrawal Act 2018), there they have been accompanied by parliamentary scrutiny safeguards such as ‘sifting’ by parly c'tees. There are no equivalent safeguards in this Bill. 7/
2
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276
The Bill's Explanatory Notes indicate ‘conduct’ means ‘sub-legislative activity’ such as issuing guidance. But what else might it cover? The growth of such activity is another concern in
@UKHouseofLords
- see the recent 'Democracy Denied' report. 11/
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Moreover, regulations made under the
#NIP
Bill are subject to the negative scrutiny procedure – that is, they do not require active parliamentary approval to become or remain law – unless they amend Acts of Parliament or make retrospective provision. 8/
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On a first look, particular stand-out clauses of concern in the
#NIP
Bill include Clause 18, where the Minister may ‘engage in conduct in relation to any matter’ dealt with in the Protocol ‘if they consider it appropriate in connection with one or more purposes of the Act’. 10/
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Even those NIP Bill powers that are subject to the affirmative scrutiny procedure can be used to make law that needs only retrospective parly approval if the Minister declares it ‘urgent’ (as happened with Ministers' use of powers in the 1984 Public Health Act during
#Covid
). 9/
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Our Director has signed a letter alongside friends and colleagues in the constitutional and legal spheres, outlining why
#prorogation
is improper and should not proceed:
.
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Clause 19 enables Ministers to use regulations to implement any future agreement between the UK & the EU that ‘modifies, supplements or replaces the whole or any part’ of the Protocol. 12/
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JUST PUBLISHED: The new
#Coronavirus
Regulations for England, coming into force at 12.01 14/9
#SIWatch
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A Statutory Instrument milestone today: gov has now laid 50 'made affirmative'
#Coronavirus
-related SIs before the UK Parl ie SIs that need parly approval but retrospectively. Some have been revoked but it's still a big body of law. Our piece about the probs with the system ⬇️ 1/
Coronavirus and EU exit have exposed the unacceptable scrutiny regime governing delegated legislation
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NEW: The 'Rule of 6' regulations have just been published, barely half an hour before they come into force: The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020
#SIWatch
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Earlier this week Govt added 156 pages of amendments to the Data Protection & Digital Info Bill at Report Stage—ie *after* detailed Committee Stage scrutiny. Is this familiar habit turning the Commons into a rubber-stamp?
⏯️
✅
✂️⤵️
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NEW: It has taken longer to appoint the Intelligence & Security Committee this time than at the start of any previous Parliament since the ISC was established in 1994. Dr Andrew Defty
@adefty
of the University of Lincoln
@ParliLinc
explains why it matters.
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JUST PUBLISHED: The public's opinions of the system of governing are at their lowest point in 15 years – worse now than in the aftermath of the MPs’ expenses scandal, according to our latest annual Audit of Political Engagement
#Audit16
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⬇️ 1/There’s an important debate led by
@CamCavendish
in
@UKHouseofLords
later today (6/1/22) about the increasing numbers of ‘skeleton’ Bills & the associated use of delegated powers within them. The anodyne title of the debate belies the constitutional importance of the issue.
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JUST PUBLISHED:
#Coronavirus
SI ordering closure of pubs etc; made 2pm today (Sat 21/3) under emergency procedure in s. 45R Public Health (Control of Disease) Act 1984; into force immediately; both Houses must approve by 7/5 assuming current sitting days
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The House of Commons will finish considering the
#TradeBill
today before it goes to the Lords. Read why we think MPs should back
@JDjanogly
's New Clause 4 to show they don't want to have less say on free trade agreements than they did with the UK in the EU
5
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No government majority and no party political platitudes.
With the Safety of
#RwandaBill
heading to the House of Lords,
@IanDunt
explains why he thinks the Upper House is one of Parliament’s best institutions 👇
🎧 Get the full episode here:
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Today
@amcarmichaelMP
will move 1st Ten Minute Rule Motion (TMRM) of this HoC. He's seeking to introduce a bill on Hong Kong incl. issues re: Sino-British Joint Declaration, human rights & UK residency.
💡 Find out about TMRMs in our guide:
@LibDemPress
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🚨 Introducing: Parliament Matters – A new podcast about the institution at the heart of our democracy, co-hosted by
@DArcyTiP
&
@RuthFox01
.
🎧 Tune-in to the preview trailer below…
✅ And subscribe here to get the first episode when it lands on 10 Nov:
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BBC
@BBCNews
@nickeardleybbc
is reporting on rising criticism of the PM's failure to nominate the Intelligence & Security C'tee over 6 mos into this Parliament. Dr Andrew Defty (Uni of Lincoln)
@adefty
@ParliLinc
wrote for us on the delay & why it matters:
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re: Charles Walker's comments today re: a
#GeneralElection
, we make it Dissolution on Tues 19/3 for GE on Thurs 25/4; Dissolution on Tues 26/3 for GE on Thurs 2/5 to coincide with local elections. No set period for parly 'wash-up'; time between announcement & Dissolution can vary
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🧵1/A year ago today the
@HouseofCommons
that returned from the Easter recess was transformed by
#Covid
. Since then parliamentary accountability for & control over govt decision-making has diminished to a degree that would have been unthinkable prior to the pandemic.
3
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NEW: The public's opinions of the system of governing are at their lowest point in 15 years – worse now than in the aftermath of the MPs’ expenses scandal, shows our latest annual Audit of Political Engagement
#Audit16
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🧵Two hard-hitting reports today from the
#HouseofLords
Delegated Powers & Regulatory Reform Committee & Secondary Legislation Scrutiny Committee, sounding coordinated alarm bells on urgent need to reform
#delegatedlegislation
to rebalance
#Government
-
#Parliament
relations. 1/10
1
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Love this opener to
@IanDunt
's latest article on the
#MeaningfulVote
! . This is poetry to us, Ian - always happy to help!... For everyone else, get our expert parliamentary insight in your inbox via our newsletter here: .
2
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NEW blog on the
#HS2
fiasco. Just over 1,300 hours of legislative time have been spent on 4 HS2-related Bills over 9 Sessions in the last decade. As Parliament returns this week we explore why has it taken so long and what now happens to that legislation?
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JUST PUBLISHED: Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020. Made today 23/7 under Public Health (Control of Disease) Act 1984. Into force tomorrow 24/7. Need parly approval by 21/9.
#SIWatch
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We have analysed the lengths of all delegated legislation debates in both Houses during Session 2019-21. The median time the Commons spent on delegated legislation debates was 20 minutes; in the Lords it was 47 minutes
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Keir Starmer has tabled a 'prayer' motion to annul the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (SI No. 445), a controversial SI which was made on 21/4, laid before
#Parliament
on 23/4 & came into force on 24/4.
#SIWatch
1/2
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3/ We highlight the erosion of parliamentary control in relation to (1) emergency legislation, (2) regulations, & (3) money; (4) MPs denied equal participation rights in some
@HouseofCommons
business; and (5) wholesale and unnecessary use of proxy votes.
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If you'd like to hear about about our briefing on the
#delegatedpowers
in the
#NIProtocol
Bill (as mentioned in this thread) as soon as it's published, sign up for our newsletter:
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NEW
#Coronavirus
Regulations for England, just published & into force today, further extending requirements on operators of certain hospitality businesses, incl to "take reasonable
measures to stop customers in groups of more than 6 from singing".
#SIWatch
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The public's opinions of the system of governing are at their lowest point in 15 years – worse now than in the aftermath of the MPs’ expenses scandal |
#Audit16
1
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🧵We’ve had an initial look at the delegated powers in the Retained EU Law (Revocation & Reform) Bill. Ministers are again seeking broad powers but provisions for parliamentary scrutiny are better than they could have been. We'll produce a briefing, but some early thoughts...1/
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🧵The
@UKHouseofLords
will debate an important constitutional question later today (13/6). Should the Government be able to bring back a policy proposal via a Statutory Instrument (SI) that it could not get through Parliament in primary legislation earlier in the same Session? 1/
Today the Lords is debating a non-fatal &
#FatalMotion
on the Gov's draft protest regulations, prev rejected by the House earlier this year. Learn more about what's going on, incl the possible/likely outcomes in the video from our
#SeiousDisruption
event👇
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We've written about the problems caused by these 'made affirmative' regulations subject to retrospective parliamentary approval for
@prospect_uk
this week
0
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🧵Amidst all the political turmoil there's a really important Bill - the Retained EU Law (Revocation & Reform) Bill - being debated by MPs tomorrow. Our latest briefing highlights 5 problems with it. 1/5
#REUL
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Well if it achieved nothing else
#leadersdebate
was a strong advert for having more women at the top table in politics
@CountingWomenIn
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Our post on the non-appearance of the Intelligence & Security Committee is here ⬇️.
@adefty
points out that other important ISC work, not just publication of the
#RussiaReport
, is being held up by the PM's failure to nominate the Committee's members: 2/2
2
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NEW: In a briefing before MPs vote tomorrow on the appointment of the Liaison Cmtt,
@RuthFox01
and
@Brigid_Fowler
explain why MPs should resist the governments attempts to determine the chair and opt instead for a chair elected by the whole House
0
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Yesterday the 2019 House of Commons rose for its 4th recess & appointed its Liaison C'tee, leaving its members of Intelligence & Security C'tee as only c'tee appt it must still make. See how these timings compare with earlier years in our updated chart:
4
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NEW Brexit Statutory Instruments Dashboard. Regularly updated & in-depth insight: How many Brexit SIs are being laid before Parliament each week? Which departments are laying the most SIs? Which Acts are being used to lay them? And *much* more:
#BrexitSIs
1
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#DYK
— It was a Commons Business Committee inquiry, led by
@darrenjones
, that helped spark the decision by former Post Office Minister
@scullyp
to set up a compensation package for sub-postmasters.
How did it start? 👇
🎧 Full episode at:
#HorizonScandal
3
13
35
We find it a bit odd that today a whole day (esp. the 1st post-
#Funeral
sitting day) is being taken in the
#HouseofCommons
for Oath-swearing - when the major BEIS
#energy
price announcement was made outside the House & the
#fiscalevent
statement will-v. unusually-be on a Fri. 1/
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⚡ NEW: Former Austrian Chancellor Sebastian Kurz goes on trial tomorrow, accused of giving false testimony to a parliamentary committee. From a Westminster perspective, this is extraordinary. Find out how the Austrian system works in our new guest post ⬇️
0
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Still no Intelligence & Security Committee. After today, 2/7, in terms of sitting days since start of a
#Parliament
, HoC will appoint its members to ISC later than to *any* scrutiny c'tee since 2010, not just ISC.
@adefty
explains why the delay matters:
1
32
35
NEW: How might a ‘virtual’ Parliament work? How should parliamentary procedure and practices adapt? Our Director
@RuthFox01
& Meg Russell, Director of
@ConUnit_UCL
, outline the issues that have to be addressed & explore what Parliament might do differently
2
25
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@AdamBienkov
On top of which are all the Statutory Instruments. Just 297 of up to 700 SIs ministers estimate they need have been laid before Parliament. 61 had completed their passage by Xmas recess. We are updating the situation daily on our Brexit SI Dashboard here:
1
26
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NEW: Should it be a criminal offence to fail to comply with a select committee order to provide evidence? Paul Evans, former Clerk of Committees in the House of Commons, assesses the Commons' Privileges Committee's recent proposal
@HoCPrivileges
2
18
34
📈 New data shows that MPs are speaking more frequently, but for less time. In our latest guest post,
@CarolineBha
and
@Stephen_R_Bates
identify 5 possible reasons for this trend… and the affect this could be having on the quality of debate 👇
2
33
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JUST PUBLSHED: Here it is the
#Coronavirus
lockdown Statutory Instrument implementing some of the provisions announced by the PM
@BorisJohnson
earlier this week.
#SIWatch
No explanatory memorandum with it yet
2
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📖EASTER READING📖 Special selection of articles from our journal
#ParliamentaryAffairs
, marking 25 years since the signing of the
#GoodFridayAgreement
. By leading academics incl.
@JonTonge
@deirdreheenan
@PeterShirlow
@piersonclaire
. Free for a ltd time👇
0
12
31
As the 'revoke Article 50' petition hits 5 million signatures, a great thread by the woman who knows about petitions!
As the
#RevokeArt50Petition
has become largest ever submitted to UK Parliament, some reflections on this “protest” petition.
0
11
17
1
21
31
Over the last week, Gov has laid several Statutory Instruments which make significant policy changes eg on rights of way, XL Bully dogs, security, and access to benefits for people coming from Israel & Palestine. They show how important SIs can be & why their scrutiny matters. 1/
1
21
31
There's new talk re: whether a
#CitizensAssembly
could feature in resolving the
#Brexit
situation. Select committee chairs
@sarahwollaston
& Clive Betts wrote for us on how a Citizens' Assembly helped their committees reach consensus on social care
2
23
30
Churchill became Prime Minister 80 years ago today, 10 May. Read Professor Stuart Ball's account of the Norway Debate, the two decisive days in the
#HouseofCommons
Chamber that brought Chamberlain's government down & propelled
#Churchill
to No.10.
#OTD
1
15
30
NEW BLOG: "Forthwithery" has got out of hand!
Reflections from former
@HouseofCommons
Clerk
@CourtenayIlbert
on the procedural reasons for last week's Opposition Day chaos in the Commons and how the rulebook could be revised to avoid a repeat.
0
21
29
The government has now used 100 different Acts of Parliament to lay >200 Coronavirus-related SIs before the UK Parliament. Get the full list (incl. links) & data on the powers, procedures & depts involved on our Coronavirus Statutory Instruments Dashboard
2
30
29
We're 79 today!🥳
The 1st HS meeting was 2 Aug 1944 when the Friends of Hansard grew into a Society for public education on Parliament. Subscribe to our newsletter to stay tuned into our plans for the big 8️⃣0️⃣ in 2024!
📧
🖼️ See 'alt' text to learn more:
1
7
29
Important point of order yesterday from
@Meg_HillierMP
highlighting how common it is for Ministers to be unable to answer questions about a Statutory Instrument being discussed in a delegated legislation committee.
1
13
30
@BestForBritain
@hilarybennmp
Get our full briefing on the
#REULBill
that
@hilarybennmp
references above (at 0:17) & find out precisely how the Bill sidelines Parliament here👉
The Govt’s approach to
#RetainedEULaw
in this Bill is fundamentally & irresponsibly flawed. 5 key problems👇
0
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13/ The extent to which the govt controls the House of Commons agenda, and thereby its procedures, also needs to be reduced. In exiting the current emergency situation, MPs’ decision-making powers in all of these areas badly need to be enhanced. (THE END!)
3
16
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A huge amount of controversy surrounds the Govt’s draft protest regulations. How are they being debated ‘again’ having previously been rejected? Why does the Govt have the power to do this?… Confused? Join us on 9 June to find out exactly what’s going on:
0
28
28
The SI to amend 'exit day' in UK law has just been laid. It's the 501st
#BrexitSI
. It provides for an either/or amendment of 'exit day' to 22 May or 12 April.
#extension
#Article50
2
34
27
PM has confirmed, if UK & EU agree on an
#Article50
#extension
next week, the gov will then lay the Statutory Instrument required to change exit day in UK law under the EU(W)A. SI procedure to get its moment in the sun, nearly a decade after we started researching it!
#BrexitSIs
10
30
26
🧵 Since conference recess, Gov has laid several Statutory Instruments (SIs) which make significant policy changes eg on criminal justice, school buildings, overseas voters, drugs & migrants' healthcare fees. They show how important SIs can be & why their scrutiny matters. 1/9
1
29
27
As reported by
@adampayne26
@businessinsider
, this MPs' letter to PM re:
#RussiaReport
cites our recent guest post by
@adefty
@ParliLinc
highlighting it's taking longer to appoint Intelligence & Security C'tee now (6 mos tomorrow) than ever before since ISC created (1994). 1/
Exclusive: A cross-party group of MPs writes to Boris Johnson urging him to publish the long-awaited Russia report
8 months on from its completion, MPs warn it is "untenable" for the government keep it confidential any longer
92
3K
5K
2
22
28
Why does next week's
#judicialreview
of the
#Care
Placement Regulations (8-9 Feb) highlight the need for more meaningful parliamentary
#scrutiny
of
#StatutoryInstruments
? Our blogpost investigates ⬇️
#Parliament
#delegatedlegislationreview
@article_39
5
28
28
The Govt recently increased election campaign spending limits by almost 80% (from £19.5m to £35m) via a regulation that wasn’t laid before Parliament. Despite
@ElectoralCommUK
concerns, there is tf little to no scope for debate…1/2
✂️ From the new episode of Parliament Matters:
3
43
27
This week, Gov has laid several more Statutory Instruments which make significant policy changes e.g., on industrial action, asylum claims, employment rights, council tax, and compensation for war widows. They show how important SIs can be & why their scrutiny matters. 1/
3
20
25
2/ In a new briefing by our Director
@RuthFox01
, Prof Meg Russell, Director
@ConUnit_UCL
,
@JoePTomlinson
@publiclawprojct
& Ronan Cormocain
@BinghamCentre
highlight 5 ways the govt's approach has marginalised MPs & calls for parliamentary accountability urgently to be restored
1
17
24
Everyone here at the Society is saddened to hear of the death of our former President, Betty Boothroyd. She made history and did it in style. She was a great parliamentarian and a formidable defender of our parliamentary democracy. 1/2
2
8
26
Following the death of Her Majesty Queen Elizabeth II, in our new briefing we explore the procedural and ceremonial plans that will now be implemented in
#Parliament
and their impact on parliamentary business:
#QueenElizabethII
#KingCharles
#RoyalFamily
5
17
25
It's with great sadness that we've learnt of the death of our former Chairman Sir David Butler. David chaired the Society 1994-2001 but contributed to our work over decades.⬇️Here he is in the late '90s with our current Chair,
@AnnTaylor_HoL
when she was Leader of the Commons 1/5
1
9
23
9/ Unless MPs collectively take a stand against Parliament’s continued marginalisation by ministers, what was once extraordinary risks becoming the norm. There are real dangers that the govt has become too comfortable with decision-making that evades parliamentary scrutiny.
1
18
23
Our Delegated Legislation Review is launched! Great to see a full room of people interested in - & concerned about -
#delegatedlegislation
&
#StatutoryInstruments
. To open,
@ThangamMP
,
@Mark_J_Harper
&
@GradySNP
discuss their experiences scrutinising SIs in the
#HouseofCommons
1
11
24
NEW: Our
#Coronavirus
Statutory Instruments Dashboard, with all the key facts & figures about the SIs being produced under the Coronavirus Act & other Acts of Parliament - 45 Coronavirus SIs so far. Follow
#SIWatch
for highlights & updates
0
19
23
The Government has just made an important Statutory Instrument increasing campaign spending limits for political parties & candidates - in some cases by 80% - to reflect inflation since the limits were set:
5
42
25
NEW: The gov laid the SI amending
#exitday
in UK law on 25 March. Our Director
@RuthFox01
sets out the expedited process by which it can win approval by both Houses by 29th. With a link to our new SI explainer video with Snr Researcher
@JoelBlackwell87
1
29
21
NEW: Heard about business motions in the House of Commons? Want to know what they are & how they work? Former clerk (& an Erskine May assistant editor) Simon Patrick explains on our blog
#Parliament
#meaningfulvote
#Brexit
#planB
3
23
23
Benn's amdt has important constitutional implications. It sets aside a standing order giving Govt precedence over House business, allowing MPs to decide how to debate. But,
@RuthFox01
explains, "the House has control over its own procedures" |
#BrexitVote
#Brexit
1
13
22
If reforms to Private Members' Bills we proposed 7 years ago had been adopted, the procedural gaming that sunk the
#upskirting
Bill today would have been avoided. Here's what we said back in 2011. You can read the report & our recommendations in full here:
1
24
22
The Commencement Order for section 1 of the EU (Withdrawal) Act 2018 has just been published. The Order brings into force the provision of the Act which repeals the European Communities Act 1972 on 'exit day':
2
19
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4/ Individually, each of these five developments is damaging. Collectively, they amount to a fundamental undermining and exclusion of the
@HouseofCommons
and its members from crucial decisions– on policy, spending, and the management of the House of Commons itself.
1
13
21
NEW: Jersey's legislature, the
@StatesAssembly
, was the 1st in the Commonwealth to go fully virtual. Mark Egan, Greffier of the States, sets out how this was achieved & suggests some
#Covid
-19 innovations may stick.
#virtualParliament
#digitalParliament
2
11
23