This report is a follow-up to the Merits of Statutory Instruments Committee 29th report, session 2005-06 (HL Paper 149-I, ISBN 9780104008409). The earlier report set out some recommendations on how the process of making secondary legislation could be improved, and this report examines that progress. Statutory Instruments (SIs), often described as secondary legislation, are the means by which government departments implement the policy measures laid down by Acts of Parliament (primary legislation). There are approximately 1200 SIs laid for parliamentary proceedings each year. The Committee believes that Government Department's still need to do more to improve the planning and quality of SIs and the policy delivered through them, such a step would help in the Committee's process of scrutiny, as well as easing the impact of such legislation on stakeholders. The Committee further invites the Government to consider the timing and cumulative impact of SIs on those regulated and that Department's should pay more attention to the strategic planning of SIs, especially those delivering a policy set by a new Act. Also the Committee states that more resources should be devoted to the consolidation and simplification of secondary legislation so that the law is clearer and more accessible. The Committee does welcome the new format of Impact Assessments (IAs) which should be provided for key measures affecting public and voluntary sectors. Every SI or its Explanatory Memorandum should clearly express its policy objective and how the success is to be measured and evaluated. Each Department is responsible for its own secondary legislation and the Committee invites each Secretary of State to ensure that senior management systematically checks the quality of such legislation.
In this report the Liaison Committee conducts a brief review of House of Lords policy committees, in advance of the appointment of those committees in the new Parliament
drawing special attention to, draft Exeter and Devon (Structural Changes) Order 2010, draft Norwich and Norfolk (Structural Changes) Order 2010, report and evidence
drawing special attention to, draft Exeter and Devon (Structural Changes) Order 2010, draft Norwich and Norfolk (Structural Changes) Order 2010, report and evidence
12th report of Session 2009-10 : Drawing special attention to, draft Exeter and Devon (Structural Changes) Order 2010, draft Norwich and Norfolk (Structural Changes) Order 2010, report and Evidence
The draft Bill and White Paper were included in Cm. 7342-I,II,III (ISBN 9780101734226) which follows the Green paper issued in July 2007, Cm. 7170 (ISBN 9780101717021) and various other Governance of Britain papers
In its Green Paper about the need for labour market reform, the European Commission argued that the increasing diversity of 21st century working relationships means that existing labour law is no longer adequate. This report brings together the evidence from a wide range f experts and representative bodies about these issues as they affect the UK labour market. It finds that the evidence does not support the Commission. The consensus is that the relatively light regulation of the UK labour market is advantageous and that problems of social disadvantage and structural unemployment are better addressed by measures aimed at tackling poor skills and social inequality rather than changing labour law. The report therefore recommends that efforts at EU level should focus on the promotion and sharing of good practice, rather than the introduction of new legislation.
The Work and Pensions Committee supports the Government's objectives for the incapacity benefit (IB) reassessment, which are to help people with disabilities and long-term health conditions to move back into employment, while continuing to provide adequate support for people who have limited capability for work or are unable to work. However, the report finds that the Government's positive messages about the IB reassessment are not getting through to the public. The report argues that that the Government should be more proactive in explaining its aims for the process and in emphasising the range of support which will be available. Current incapacity benefit claimants are being reassessed to decide whether they are able to work. The inquiry looked in detail at the Work Capability Assessment (WCA), the test which is used to assess whether an incapacity benefit claimant is capable of work, or work-related activity. WCAs are carried out by Atos Healthcare as part of a contract with the Department for Work and Pensions. It is widely accepted that the WCA was flawed, in the form in which it was introduced in 2008 for new ESA claimants, leading to a high proportion of inaccurate assessments and poor decisions by Jobcentre Plus. Many of these decisions were overturned at appeal. The report acknowledges that many welcome improvements have been made to the reassessment process as a result of the review by Professor Malcolm Harrington and the trial of the process carried out in Aberdeen and Burnley, before it was introduced nationally.
The Commission's report examines the options for ensuring adequate post-legislative scrutiny of Acts of Parliament, in the light of the recommendation of the House of Lords Select Committee on the Constitution (in their 14th report, HCP 173-I, session 2003-04; ISBN 0104005416). The main focus of the report is on primary legislation, but it also considers delegated legislation and European legislation. Issues discussed include: existing forms and benefits of post-legislative scrutiny in the UK Parliament and in other jurisdictions (including Canada, Australia, Germany, France and the EU); the experience of pre-legislative scrutiny; and options for post-legislative scrutiny mechanisms. A number of consultation questions are given, and responses should be received by 28th April 2006.
There has been repeated criticism in recent years from a variety of sources about both the quantity and quality of legislation. The Committee's inquiry into Ensuring standards in the quality of legislation has considered these criticisms, analysed the core problems and causes of bad quality legislation, and looked to provide solutions for both the Government and Parliament to improve the quality of legislation. The Scottish Parliament, Northern Ireland Assembly and National Assembly for Wales have adapted the Westminster model in order to improve the quality of their legislation; it is now the turn of Westminster to look at their processes and adapt them for use here. The Committee has concluded that it would be beneficial for Parliament and the Government to work together to agree standards for what makes good legislation, and as a starting point for discussion publishes a draft Code of Legislative Standards with the report. The Committee also recommends the creation of a Joint Legislative Standards Committee to provide oversight of the Cabinet's Parliamentary Business and Legislation Committee's approach to and use of the finalised Code of Legislative Standards, to ensure that the quality standards set out in the Code of Legislative Standards are met. The Committee considers that these recommendations would also improve the quality of constitutional legislation, in particular, by requiring the Government to adopt an agreed test to identify constitutional legislation and thereby improve Parliament's scrutiny of it
The 7th report (HCP 364-I, session 2007-08, ISBN 9780215524867), from the Home Affairs Committee examines policing in the 21st century, with Volume 2, providing oral and written evidence, (ISBN 9780215524850). The Government aims to replace the top-down police targets with locally-set priorities and encourage greater use of officer discretion, backed by more effective supervision. At present, the Committee believes that public expectations of the police are not being met, with the public wanting the police to put a greater focus on minor crime and anti-social behaviour. Further, the police need to be more visible and responsive to the public and give greater consideration to the needs of the victim when investigating crime. Police resources have been put under greater pressure particularly where foreign nationals need to be processed. Whilst funding shortfalls have been exposed where rapid population change has occurred due to immigration.The Committee highlights a concern over the deployment of police for longer periods dealing with alcohol-related crime due to the changes in the licensing laws and are not convinced of the effectiveness of Alcohol Disorder Zones. Further, the Committee expresses concern about the large number of murder suspects released on bail, but do support amendments to the bail laws to take into account the capacity of the police forces to monitor offenders, and a presumption against bail in murder cases. There are also examples of effective police approaches in reducing gang-related knife and gun crime, combining diversionary activities and targeted intelligence-led campaigns against known offenders. The police need to find ways though to free up resources, and the Committee expresses disappointment at the lack of progress in reducing police bureaucracy. Centralisation of the development and purchase of technology through the National Policing Improvement should reduce costs and ensure systems are integrated and prevent duplication. More control should be given to local forces, with greater accountability of policing at a local level. The Committee also identifies a gap in provision for tackling serious and organised crime.
The UK contains more than 26 million homes which, collectively, emitted 41.7 million tonnes of carbon dioxide in 2004. This book includes chapters, which examine: regulation and encouragement; financial incentives; energy performance certificates; breaching the barriers to change; newer technologies; and, older buildings.
In March 2005, the European Commission issued a Communication designed to improve the EU regulatory environment in order to promote competition and trade and facilitate job creation. The Committee's report examines the proposals for better regulation, including the 'regulation tools' of impact assessment, simplification and consultation, the position of small and medium-sized enterprises (SMEs), the case for a new regulatory body to oversee regulation in the EU, the Inter-Institutional Agreement on Better Law-making and the role of Member States, the ambitions and activities of the UK presidency of the EU in this area. The Committee welcomes the initiatives and the attitudinal change that seems to be filtering through the Commission but highlights the need for full implementation and assessment; and also calls on the UK Government to ensure the issue is placed at the top of the EU political agenda.
This Command Paper from the Office of the Leader of the House of Commons sets out a process for post-legislative scrutiny by the Government. The main proposal is that after 3 years any law that has been passed will undergo a review by the relevant Government Department and then Parliament to see how effective the law has been. The publication also includes an appendix with a detailed response to the Law Commission's report on Post-legislative scrutiny (Cm. 6945, ISBN 9780101694520).
Drawing Special Attention To: Draft Community Legal Service (Cost Protection) (Amendment) Regulations 2005; Draft Community Legal Service (Scope) Regulations 2005; Revised Funding Code Prepared by the Legal Services Commission; Draft Age-related Payments Regulations 2005; Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005; Student Fees (Amounts) Regulations (Northern Ireland) 2005
Drawing Special Attention To: Draft Community Legal Service (Cost Protection) (Amendment) Regulations 2005; Draft Community Legal Service (Scope) Regulations 2005; Revised Funding Code Prepared by the Legal Services Commission; Draft Age-related Payments Regulations 2005; Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005; Student Fees (Amounts) Regulations (Northern Ireland) 2005
5th report of Session 2005-06 : Drawing special attention to: draft Community Legal Service (Cost Protection) (Amendment) Regulations 2005; draft Community Legal Service (Scope) Regulations 2005; revised funding code prepared by the Legal Services Commiss
The depth and pace of EU integration has demonstrated the need for effective democratic parliamentary scrutiny and accountability of Government at Westminster. This is the first major inquiry into the European scrutiny system in the House of Commons for eight years. There is more that the Committee could do to look at the impact of new proposals. There should be a new requirement to appoint ’Reporters' to take the lead within Committees on EU issues, as well as a more coordinated approach to the Commission Work Programme. Whilst the system need not be scrapped as some have said, it must be enhanced. Many problems arise from the fact that new Members are appointed for each document. The Committee argues forcefully for a return to the permanent membership system, new powers and a change of name to reflect the Committees' core purpose: EU Document Debate Committees. The Committee also examined how EU business is taken on the floor of the House, and the procedures which apply to it. They set out a series of recommendations about the way debates are scheduled and conducted and put the case for a new session of ’EU Questions'. They also review working practices and the visibility of the House's scrutiny of the EU in the media. It concluded that now is the time to propose the introduction of a form of national veto over EU legislative proposals, and then to explore the mechanics of disapplication of parts of existing EU obligations, notwithstanding the European Communities Act 1972
The report of the Leader's Group examining the working practices of the House of Lords and the operation of self-regulation was published today (Tuesday 26 April). Recommendations in the report include changes to enable the Lords better to fulfil its core functions of scrutinising government, testing out and reviewing legislation, and debating important issues. The report also suggests ways in which the House of Lords could make the most of its unique strengths and resources, including its Members' skills and experience.
This document sets out the Government's response to the public consultation on the draft Climate Change Bill (Cm. 7040, ISBN 9780101704021) and to the reports of the following Parliamentary Committees during session 2006-07: the Joint Committee on the Draft Climate Change Bill (HLP 170-I/HCP 542-I, ISBN 9780104011379); the Environment, Food and Rural Affairs Committee (HCP 534-I, ISBN 9780215034892); and the Environmental Audit Committee (HCP 460, ISBN 9780215035561). The Climate Change Bill seeks to introduce a clear, credible and long-term framework to support emissions reductions in the UK, designed to maximise the social and economic benefits and minimise costs, and also sets out an international precedent, reinforcing the UK's position as a consistent leader in the field of climate change and energy policy. This document explains the main changes the Government intends to make to the Bill, taking into account the consultation responses and the recommendations of the three Parliamentary Committees, and key elements of the Bill include: putting into statute the UK's domestic targets to reduce carbon dioxide emissions through domestic and international action by at least 60 per cent by 2050, and 26 to 32 per cent by 2020, against a 1990 baseline; secondary legislation to set binding limits known as carbon budgets on aggregate carbon dioxide emissions over five year periods; and the creation of a new independent body, the Committee on Climate Change, to advise on setting carbon budgets.
The history of reform of the House of Lords has a long history since the Parliament Act 1911, and since the House of Lords Act 1999 removed the right of all but 92 hereditary peers to sit in the Lords, there has been a number of initiatives to further the debate on reform. The latest proposals are contained in the draft Bill (Cm. 8077, ISBN 9780101807722) published in May 2011, which was referred to the Joint Committee. In this report the Joint Committee acknowledges the controversial aspects of certain of the proposals and the members of the Committee reflect wider differences of opinion, many of the report's recommendations being decided by a majority. The majority supports the need for an electoral mandate, provided the House has commensurate powers. The current functions and role would continue, but the House would probably seek to be more assertive, to an extent that cannot be predicted. The Committee recommends a House of 450 members, 80% elected on a system of Single Transferable Voting (preferably that used in New South Wales, not the one proposed in the Bill) for a 15 year term.The main sections of the report cover: functions, role, primacy of the Commons and conventions; electoral system, size, voting system and constituencies; appointments, bishops and ministers; transition, salaries, IPSA, disqualification. The Committee recommends that, in view of the significance of the constitutional change, the Government should submit the decision to a referendum.
In this report the Committee describes and explains the full range of its work over the course of the 2001-2005 Parliament. The Committee distils from its experience a number of suggestions for consideration by its successor committee and recommendations addressed to the Government, in order to enhance the integration of human rights considerations into the overall policy and legislative process. Chapter 2 explains the background to the Committee's establishment. Chapter 3 covers the legislative scrutiny performed by the Committee. The monitoring of the implementation of the Human Rights Act is the subject of chapter 4, while chapter 5 covers work in relation to institutional support for human rights within the UK. The inquiries into the international treaties to which the UK is a party are dealt with in chapter 6, including the Convention on the Rights of the Child, the International Covenant on Economic Social and Cultural Rights, and the Convention on the Elimination of Racial Discrimination. The final chapter describes the work undertaken on monitoring action taken by the Government in response to incompatibilities with Convention rights, arising from Strasbourg judgments and declarations of incompatibility by UK courts.
The report The Implications For Access To Justice Of The Government's Proposals To Reform Legal Aid (HL100, HC 766) concludes that the government should reconsider its proposals for the reform of legal aid. The government has so far made welcome exemptions to its proposed residence test in the light of responses to its consultation, but the Committee is still not satisfied that the proposed test will not affect vulnerable groups. While accepting that it is legitimate for the government to introduce a residence test for civil legal aid and to restrict the scope of prison law funding, the Committee calls for more and broader exemptions from these proposals to avoid breaches of the fundamental right of effective access to justice in individual cases. The exceptional funding framework may not be working as intended and could therefore leave certain groups unable to access legal aid when human rights law requires it. The proposal to remove cases with
The depth and pace of EU integration has demonstrated the need for effective democratic parliamentary scrutiny and accountability of Government at Westminster. This is the first major inquiry into the European scrutiny system in the House of Commons for eight years. There is more that the Committee could do to look at the impact of new proposals. There should be a new requirement to appoint 'Reporters' to take the lead within Committees on EU issues, as well as a more coordinated approach to the Commission Work Programme. Whilst the system need not be scrapped as some have said, it must be enhanced. Many problems arise from the fact that new Members are appointed for each document. The Committee argues forcefully for a return to the permanent membership system, new powers and a change of name to reflect the Committees' core purpose: EU Document Debate Committees. The Committee also examined how EU business is taken on the floor of the House, and the procedures which apply to it. They set out a series of recommendations about the way debates are scheduled and conducted and put the case for a new session of 'EU Questions'. They also review working practices and the visibility of the House's scrutiny of the EU in the media. It concluded that now is the time to propose the introduction of a form of national veto over EU legislative proposals, and then to explore the mechanics of disapplication of parts of existing EU obligations, notwithstanding the European Communities Act 1972
This report warns that the extraordinary success of the UK's creative industries may be jeopardised by any dilution of intellectual property rights and the failure to tackle online piracy. The Committee also strongly condemns the failure of Google in particular to tackle access of copyright infringing websites through its search engine. Such illegal piracy, combined with proposals arising from the Hargreaves review to introduce copyright exceptions, and a failure to strengthen copyright enforcement as envisaged by the Digital Economy Act 2010, together threaten the livelihoods of the individuals and industries that contribute over £36 billion annually to the UK economy. Also, the Olympics No Marketing Rights scheme is excessively restrictive and is preventing British creative companies from realising the benefits they deserve from the Olympic legacy. The Committee calls for: a central champion of Intellectual Property in Government to promote and protect the interests of UK intellectual property; the maximum penalty for serious online IP theft to be increased to 10 years imprisonment, in line with the punishment for such offences in the physical world; more evidence and scrutiny before any exceptions to copyright such as those suggested by Hargreaves are applied; redoubled efforts to ensure that the video games tax credit is approved by the European Commission and introduced as soon as possible; reforms to the income tax and tax reliefs systems to recognise adequately the freelance nature of much creative work; greater recognition of the importance of arts subjects in the curriculum.
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