Conclusions and recommendations
Annex: Amended Standing Orders
Consideration of draft
Regulatory Reform Orders
(Showing our recommended additions
and deletions to
the Minister's draft Standing Orders)
18.—(1) If the Regulatory Reform Committee
has recommended under paragraphs (4) or (6) of Standing Order
No.141 (Regulatory Reform Committee) that a draft Order laid before
the House under Part 1 of the Legislative and Regulatory Reform
Act 2006 should be approved the following procedures shall apply:
(a) if the recommendation was agreed by the committee
as specified in paragraph (4)(a) or (6)(a)
of Standing Order No.141 (without
division,
the question on any subsequent motion made by a Minister of the
Crown to approve the draft Order shall be put forthwith; and
(b) if the recommendation was made as specified
in paragraph (4)(b) or (6)(b) of Standing Order No.141after
a division, the draft Order shall
stand referred to a Delegated Legislation Committee and paragraphs
(5) and (6) of Standing Order SO
No 118 (Delegated Legislation Committees) shall apply to
proceedings on the draft Order;
Provided, in both cases, that in respect of a draft
Order subject to the super-affirmative procedure such a recommendation
has been made after the expiry of the 60-day period as defined
under the Act.
(c) if the recommendation was made as specified
in paragraph (4)(c) or (6)(c) of Standing Order No.141 the question
on any subsequent motion made by a Minister of the Crown to approve
the draft Order shall be put not later than one and a half hours
after the commencement of proceedings on the motion.
Provided that in respect of a draft Order subject
to the super-affirmative procedure such a recommendation has been
made after the expiry of the 60-day period as defined under the
Act.
(2) If the committee has recommended under paragraphs
(4) or (6) of Standing Order No.141 (Regulatory
Reform Committee) that a draft
Order subject to the affirmative or super-affirmative procedure
be not approved, no motion to approve the draft Order shall be
made unless the House has previously resolved to disagree with
the committee's report:
Provided that in the case of a draft Order subject
to the super-affirmative procedure such a recommendation has been
made after the expiry of the 60-day period as defined under the
Act.
(3) No motion may be made to overturn a recommendation
from the committee that,
(a) in respect of a draft Order subject to affirmative
or super-affirmative procedure, no further proceedings be taken
on the draft Order, or
(b) in respect of a draft Order subject to the
negative procedure, that an Order in the terms of the draft Order
be not made,
unless—
(a)(c) it
is made by a Minister of the Crown in
the same session; and
(b)(d) notice
of the motion has been given at least 10 sitting days previously.
(4) The questions necessary to dispose of proceedings
on a motion —
(a) to disagree with a report from the committee
under paragraph (2);
(b) to overturn a recommendation from the committee
under paragraph (3); or
(c) to do both in respect of the same draft Order
shall be put not later than three hours after their
commencement; and the question on any motion thereafter made by
a Minister of the Crown that the draft Order be approved shall
be put forthwith.
(5) If the committee recommends that a draft
Order subject to the negative resolution
procedure should not be made, any
notice of a motion to overturn that recommendation shall
be deemed to constitute notice of a motion under
paragraph (3) (4)(a)
of Standing Order No 118 (Standing Committees on Delegated Legislation).
(6)Motions to which this Order applies may be proceeded
with, though opposed, until any hour.
141. (1) There shall be a select committee, called
the Regulatory Reform Committee, to examine and report on—
(i) every draft Order laid before the House under
sections 14 and 18 of the Legislative and Regulatory Reform Act
2006;
(ii) any Subordinate Provisions Order or draft
of such an Order made or proposed to be made under sections 1
and 4 of the Regulatory Reform Act 2001 (except those not made
by a Minister of the Crown);
(iii) any
matter arising from its consideration of such Orders or draft
Orders; and
(iviii)
matters relating to regulatory reform.
(2) In the case of every draft Order referred to
in paragraph (1) (i) above the committee shall consider the Minister's
recommendation under section 15(1) of the Act as to the procedure
which should apply to it and shall report to the House any recommendation
under the Act that a different procedure should apply.
(3) In its consideration of draft Orders under
Part 1 of the Act the committee shall include in its consideration
in each case whether provision in the draft Order—
(a) appears to make
an inappropriate use of delegated legislation;
(b) is
for the purpose of removing or reducing
serves the
purpose of removing or reducing a
burden, or the overall burdens, resulting directly or indirectly
for any person from any legislation (in respect of a draft Order
under section 1 of the Act);
(c) is
for the purpose of securing serves
the purpose of securing that
regulatory functions are exercised so as to comply with the regulatory
principles, as set out in section 2(3) of the Act (in respect
of a draft Order under section 2 of the Act);
(d) secures would
secure a policy objective which
could not be satisfactorily secured by non-legislative means;
(e) has would
have an effect which is proportionate
to the policy objective;
(f) strikes a fair balance
between the public interest and the interests of any person adversely
affected by it;
(g) does not remove any
necessary protection;
(h) does not prevent any
person from continuing to exercise any right or freedom which
that person might reasonably expect to continue to exercise;
(i) is not of constitutional
significance;
(j) makes the law more
accessible or more easily understood (in the case of provisions
restating enactments);
(k) has been the subject
of, and takes appropriate account of, adequate consultation;
(1) gives rise to an issue
under such criteria for consideration of statutory instruments
laid down in paragraph (1)(i) of Standing Order No 151 (Statutory
Instruments (Joint Committee)) as are relevant;
(m) appears to be incompatible
with any obligation resulting from membership of the European
Union;
Provided that in the case of-
i) draft Orders to be
made in accordance with section 20 of the Act, the criteria above
which are not relevant to the provisions of the Order to be made
under section 2(2) of the European Communities Act 1972 do not
apply in relation to those provisions; and
ii) Subordinate Provisions Orders or drafts
of such Orders, only sub-paragraph (l) applies,
but in addition the committee shall so report if it comes to the
opinion that the Order or draft Order should not be approved or,
as the case may be, should be annulled, and may so report if it
comes to the opinion that the draft of such an Order should be
approved.
(4) In relation to every draft Order subject to the
negative or affirmative procedure under sections 16 or 17 of the
Act, the committee shall report its recommendation whether the
draft Order should be made (in the case of the negative procedure)
or approved (in the case of the affirmative procedure), indicating
in the case of an affirmative Order whether the recommendation
was agreed -
(a) without either
a division or a recommendation that the Order should stand
referred to a Delegated Legislation Committee;.
(b) without a division but with a recommendation
that the Order should stand referred to a Delegated Legislation
Committee; or
(c) after a division.
(5) In relation to every draft Order subject to the
super-affirmative procedure under section 18 of the Act, the committee
shall report its recommendation as to whether—
(a) the draft Order should be proceeded with unamended
under section 18(3) of the Act; or
(b) a revised draft Order should be laid under section
18(7) of the Act or
(c) no statement under section 18(3) or revised draft
Order under section 18(7) should be laid.
(6) In relation to every draft Order or revised draft
Order subject to the super-affirmative procedure being proceeded
with under section 18(3) or 18(7) of the Act, the committee shall
report its recommendation whether the draft Order or revised draft
Order should be approved, indicating in the case of draft Orders
which it recommends should be approved whether its recommendation
was agreed -
(a) without either
a division or a recommendation that the Order should stand
referred to a Delegated Legislation Committee;
(b) without a division but with a recommendation
that the Order should stand referred to a Delegated Legislation
Committee; or
(c) after a division;
and in respect of such draft Orders or revised draft
Orders the committee shall consider in each case all such matters
set out in paragraph (3) of this Order as are relevant and the
extent to which the Minister concerned has had regard to any resolution
or report of the committee or to any other representations made
during the period for parliamentary consideration.
(7) It shall be an instruction to the committee considering
an unrevised draft Order under paragraph (6) that it report
not more than fifteen sitting days after the statement under section
18(3) is laid.
(8) In relation to every draft Order or revised draft
Order, the committee shall report any recommendation under section
16(4) of the Act that the draft Order be not made, or sections
17(3), 18(5) or 18(9) of the Act that no further proceedings be
taken in relation to the draft Order.
(9) The committee shall consist of fourteen members;
and, unless the House otherwise Orders, each Member nominated
to the committee shall continue to be a member of it for the remainder
of the Parliament.
(10) The committee shall have power—
(a) to send for persons,
papers and records, to sit notwithstanding any adjournment of
the House, to adjourn from place to place, and to report from
time to time;
(b) to appoint specialist
advisers either to supply information which is not readily available
or to elucidate matters of complexity within the committee's order
of reference; and
(c) to appoint a sub-committee,
of which the quorum shall be two, which shall have power to send
for persons, papers and records, to sit notwithstanding any adjournment
of the House, and to adjourn from place to place.
(11) The committee and the sub-committee shall have
the assistance of the Counsel to the Speaker.
(12) The committee and the sub-committee shall have
power to invite Members of the House who are not members of the
committee to attend meetings at which witnesses are being examined
in relation to matters within paragraphs (1) (i) and (ii) and
such Members may, at the discretion of the chairman, ask questions
of those witnesses; but no Member not being a member of the committee
shall otherwise take part in the proceedings of the committee
or sub-committee, or be counted in the quorum.
(13) It shall be an instruction to the
committee that before making any report under paragraph (1)(i)
of this Standing Order it shall afford to any government department
concerned an opportunity of furnishing orally or in writing to
it or to the sub-committee appointed by it such explanations as
the department think fit.
1. We recommend that the draft Standing Orders
be amended to provide us with the power to refer Orders for debate
in Delegated Standing Committees that we consider to be of sufficient
legal and political significance without having to divide or contrive
a division. For draft Orders that we do not approve unanimously,
we recommend that our current procedures continue and that any
subsequent motion made by a Minister of the Crown to approve such
draft Orders should be debated for up to one and a half hours
on the floor of the House.
2. We recommend that Subordinate Provisions
Orders should continue to be scrutinised in the Commons by our
Committee as now and the draft Standing Orders be amended accordingly.
3. We recommend that the wording in 141(3b
and 3c) be changed from the subjective to the more objective.
This amendment also has the added advantage of providing a better
match with the tests set out in the Act.
4. We envisage that we will always report
within 15 days when there are no new second stage issues to consider,
but for revised Orders we can only report as promptly as is reasonably
possible. We recommend that the draft Standing Orders be clarified
accordingly by amendment.
5. We recommend that the Standing Order 141(13)
be deleted.
6. We recommend that
the working of the LRRA 2006 be reviewed within three years and
that the review include a genuine validation of any costs and
benefits or Regulatory Impact Assessments that are produced in
support of all draft Orders; and that the Government report its
findings to Parliament.
7. It is imperative therefore that the House
and the Department of the Clerk are able to respond speedily to
any significant increase in activity. In the first instance, we
would expect to be able to draw on staff in the Scrutiny Unit
to be seconded in relation to specific Orders or stages of them,
so as to provide assistance to the regular staff advising the
Committee.
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