What information and evidence does Parliament need to enable it to oversee government law-making? Is Parliament currently provided with sufficient information and, if not, how can this be improved?
On 19 January 2022, the Bingham Centre for the Rule of Law and the Hansard Society co-hosted this webinar on ‘Parliamentary Scrutiny, Evidence and the Rule of Law’, which explored the role of evidence, impact assessments, explanatory memorandums and other related material in facilitating parliamentary scrutiny of government law-making by delegated legislation. The event followed the publication of a Bingham Centre Report analysing the first 18 months of coronavirus legislation from a Rule of Law perspective, and forms part of the Hansard Society’s Delegated Legislation Review, which is developing proposals to reform the processes by which delegated legislation is made and scrutinised.
Justin Madders MP, Shadow Minister for Employment Rights, previously Shadow Minister for Health and Social Care
Selvin Brown, Director (Net Zero Buildings), BEIS and Policy Profession Board Member
Stephen Gibson, Chair of the Regulatory Policy Committee
Baroness Bakewell of Hardington Mandeville, member of the House of Lords Secondary Legislation Scrutiny Committee
Professor Jeff King, UCL Laws (Chair)
The coronavirus pandemic has exposed and exacerbated weaknesses in the processes used to enact legislation. Laws have often been made at breakneck speed, resulting in a reduction in the quality and quantity of impact assessments and other documents explaining and justifying government policy positions. This is problematic from the perspective of both the Rule of Law and effective Parliamentary scrutiny. The Rule of Law requires the law-making powers of the government to be prescribed and controlled by Parliament, but Parliament cannot properly scrutinise the policies and rationale underpinning proposed legislation without timely and digestible information justifying the proposed legal changes.
The need for good quality supporting documentation is paramount where the government introduces new laws via delegated legislation; a form of government law-making where Parliament’s scrutiny role is already limited. The coronavirus pandemic has accelerated a general trend towards the increased use of delegated legislation to enact significant policy changes. However, there are long-standing criticisms of the procedure by which delegated legislation is made and approved. This includes frequent criticism by the House of Lords Secondary Legislation Scrutiny Committee of the quality of Explanatory Memorandums, which are meant to provide a free-standing explanation of what each piece of delegated legislation does and why it is being introduced.
In this fourth instalment of our special mini-podcast series, we take you inside the Public Bill Committee as it scrutinises the Terminally Ill Adults (End of Life) Bill - a landmark proposal seeking to legalise assisted dying. The Committee is in full swing, debating amendments, and tensions are running high. We sit down with Sarah Olney MP, a key player in the discussions, to unpack the latest developments.
In this episode we dissect the fallout from Labour’s WhatsApp purge following the Andrew Gwynne affair and what it means for political communication at Westminster. We also explore the latest news from the House of Commons Modernisation Committee, discussing its focus on improving accessibility to Parliament, legislative scrutiny, and the debate over MPs holding second jobs.
The assisted dying bill (Terminally Ill Adults (End of Life) Bill) is now at the Committee stage, where a Public Bill Committee reviews the bill clause by clause. This briefing outlines the Committee’s role, how MPs propose changes to the bill and where these are published, how the Chair selects and groups amendments, and how these are debated and voted on.
The assisted dying bill is about to undergo detailed scrutiny by the Public Bill Committee - a group of 23 MPs tasked with reviewing the Bill’s text and proposing amendments to refine and improve it. But what exactly happens during this amendment process? Former House of Commons Clerk, Paul Evans CBE, breaks it down. Plus, we hear from Dr Ben Spencer MP, a former consultant psychiatrist turned parliamentarian, who has proposed dozens of amendments to the Bill.
Stay informed with updates and analysis on the Terminally Ill Adults (End of Life) Bill as it moves through Parliament. Learn about the debates, procedures, decisions, and key milestones shaping the assisted dying legislation.
