APPENDIX
Proposal to allow removal of burdens on government
COMMITTEE REPORT
24. The Committee did not oppose this proposal. It
acknowledged that this was a potentially far-reaching proposal,
referring to Professor Miers' question about whether public authorities'
duties should, as a matter of principle, be amendable other than
by primary legislation. The Committee was mindful of the increased
emphasis on the independent scrutiny by the two Committees that
this power would demand, in view of the sensitivities associated
with allowing Government to remove burdens on itself. The Committee
concluded, on balance, that the Parliamentary Committees would
be able to make a judgement about whether or not any given proposal
constituted an appropriate use of the power.
GOVERNMENT RESPONSE
25. The Government welcomes the Committee's recognition
of the benefits of a power to lift burdens from government. It
is clear that the overall ability of central and local government
organisations to provide an efficient and effective service is
often unnecessarily fettered by requirements which do not serve
the public need. Inefficient and over-bureaucratic public administration
is neither in the interest of those who use public services, nor
in the interest of the Exchequer.
26. In its response to the consultation document,
the Local Government Association (among several other respondents
including the Institute of Trading Standards Administration, OFSTED
and the Union of Independent Companies) gave strong support to
this proposal. Others echoed the natural concerns about allowing
Ministers to use the order-making power to lift burdens on themselves
or their departments. The Government recognises that maintaining
necessary protection would be paramount in any case of this kind,
as it will with any orders involving the imposition of new burdens
in the interest of the greater good. The Government believes that
the respect earned by the scrutiny process in the past will serve
it well here, as the Committees have always displayed a highly
objective attitude in their consideration of proposed orders.
27. The Government recognises the value of giving
guidance to Ministers and departments on the circumstances in
which such an order would be appropriate; it would clearly be
inappropriate for orders to be brought forward simply in the interests
of administrative convenience or which covered issues of minor
consequence.
28. The Government believes that there is much to
be gained in terms of improved efficiency and effectiveness of
both central and local government from this proposed change. In
lifting burdens on regulators and service providers, there is
a further (and potentially much larger) indirect benefit for those
who are regulated and who use the services. This is a key proposal
in the Government's programme of reform of the DCOA, closely linked
with the Modernising Government White Paper and its agenda. On
this basis the Government intends carrying this proposal forward.
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