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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 4 April 2025
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Displaying 749 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

Thank you: that was a really helpful addition.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

It is just my opinion. I am sure that my colleagues scowled when I said that.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

The convener has asked me to stop there, so I will.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

Is that not a problem?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

Financial things are at the discretion of the Government, are they not?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

That is what the budget is for.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

This has been an interesting discussion. I will go back to the subject of my previous supplementary question. There are issues with scrutiny and the ability for other people to give input. Those are baked into our parliamentary processes, but it is incredibly rare for evidence to be taken regarding secondary legislation, under either the negative or affirmative procedure, and it is rare to have any sort of a formal parliamentary scrutiny beyond placing a matter on this committee’s agenda and, perhaps, on the agenda of a lead committee. There is some parliamentary oversight of the substance of SSIs, but it is not just a little bit less than there is for primary legislation: it is almost completely absent.

Do we need to re-examine what happens? Do we need a parliamentary change or should the Government think about how it frames secondary powers within legislation? I put that question to Lloyd Austin first, because he was circling round those points in some of his previous answers.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

I will start by following on from the answers to Bill Kidd’s questions, which also relate to some other points.

On post-legislative scrutiny, part of it might be about amending, updating and fixing. Michael Clancy pointed out earlier that there are other expedited legislative processes. Are alternative ways of viewing legislation part of what needs to be looked at? Should we have more legislation that addresses updates and fixes to the law, or shorter pieces of legislation that are more focused?

I was looking at the standing orders. Through the normal processes, in theory, without using emergency legislation, legislation could be got through in seven or eight weeks, given what is stipulated for the time between stages. Rather than always thinking that legislation needs to be big and long and drawn out, should we be using it to update and improve law as we go, as opposed to using secondary legislation to achieve the same effect?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

Finally, I will bring in Jonnie Hall. The thrust of my previous supplementary question was that, sometimes, powers are set out in legislation that are so broadly stated that they could almost be used for entirely opposite objectives to those that were intended. I understand the point about flexibility, but is there a need to have more scrutiny and input on such things when instruments are going through Parliament? If so, do you have any thoughts on what that could look like and what would be useful—without impeding the flexibilities, which are clearly important—if there are pressing issues?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

That was helpful. Ms Springham, do you want to comment?