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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 31 March 2025
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Displaying 298 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

Okay—accepted. Moving on, how do you think the use of framework legislation affects the balance of power between the executive and the legislature?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

Yes. Do you think that there is concern that the broad powers in some framework legislation could be used by future ministers in a way that was not envisaged when the legislation first came into force?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

I appreciate the example that you have given. I will delve a little bit, as the committee has taken evidence that suggests that the function of the power is more significant than its form—and I would probably add its name to that.

Should the legislature be concerned with Henry VIII powers just because they allow changes to be made to primary legislation by secondary legislation, or should we be more focused on the scope and significance of those changes?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

Okay. Thank you.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

Excellent. That is helpful.

What is your view on the scope of the powers being included in primary legislation? Specifically, has the scope of Henry VIII powers been widely used in recent times? We have heard evidence that there is a danger that having Henry VIII powers of particularly wide scope can become a bit of a habit and that those have been accepted in some instances. Do you recognise that?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

My last questions, which are a little subset on their own, are on Henry VIII powers. When is it considered appropriate to include a Henry VIII power?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

Another point that has come up is the idea of sunsetting Henry VIII powers, so that there would be a way of closing off a power that was not being utilised. What do you think of that suggestion?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

The committee has heard substantial evidence from witnesses that framework legislation is being used more frequently. What is your view on that? If we are using it more frequently, why is that?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

You say that there is no evidence of framework legislation happening more frequently, but we are getting a lot of information that says that it is. On what basis are you making that judgment? To turn that around, what evidence is there to say that it is not happening more frequently?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Roz McCall

I was just interested to hear on what basis you came to that conclusion.

Some witnesses suggested that guidance on framework legislation should be put in place. We have highlighted that there is no definition, and you have come back on that. Should there be guidance from the legislature to the executive on when framework legislation may be appropriately introduced? Would any guidance that we put forward be a sort of halfway house, so to speak?