Parliamentary Government Bill [H.L.]
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A
B I L L
TO
Make new provision about Parliamentary government; and for connected purposes.
Whereas the sovereignty of Parliament has been progressively diminished and in consequence the influence and status of Parliament have declined and the outward and visible sign of that decline is everywhere to be seen in the reduction in publicity for proceedings in Parliament;
And whereas the obligation of governments to be held continuously to account by Parliament has been honoured more in the breach than in the observance, and the obligation of governments to remain accountable to the electorate through their representatives has in consequence declined;
And whereas the authority of governments to govern will therefore inevitably also decline;
And whereas it is expedient that Parliament should reclaim its historic role and obligation to hold governments continuously to account, thereby restoring the faith of the electorate in Parliament as its representative and in the authority of government:-
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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PART I |
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LEGISLATION |
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Primary legislation |
| Consultation and evidence. |
1. - (1) No bill may be introduced unless it has previously been published in draft and a report on the provisions contained in the draft has been made to the House of Commons under section 9A of the National Audit Act 1983 (as set out in section 2 below).
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But this subsection does not apply to a bill introduced in the first Session of a Parliament.
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(2) A bill shall be committed after second reading to a committee unless the House resolves to the contrary.
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(3) A Minister of the Crown in charge of a bill shall before second reading of the bill make a statement setting out-
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(a) the consultation undertaken before the bill was introduced, |
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(b) the extent, if at all, to which the responses to the consultation are reflected in the bill, and |
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(c) whether, in his opinion, the bill should be committed after second reading to a committee. |
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(4) A Minister of the Crown in charge of a bill brought from the other House of Parliament may make a statement of the kind mentioned in subsection (3).
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(5) A statement under this section must be in writing and published in such manner as the Minister making it considers appropriate.
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(6) In subsections (1) to (3)-
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"bill" means any public bill introduced in either House of Parliament by a Minister of the Crown except- |
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(a) consolidation bills (whether or not incorporating amendments to give effect to recommendations of the Law Commissions) and statute law repeals bills,
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(b) order confirmation bills,
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(c) consolidated fund and appropriation bills, and
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"committee" means a committee appointed by either House for the purpose of taking evidence on the provisions in the bill. |
| Assessment of impact. |
2. After section 9 of the National Audit Act 1983 insert-
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| "Assessment of impact of proposed legislation. |
9A. The Comptroller and Auditor General-
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(a) shall carry out an examination of the potential impact of the operation of the provisions of every draft bill published by or on behalf of a Minister of the Crown on the economy, efficiency and effectiveness with which any department, authority or body subject to audit or examination discharges its functions, and |
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(b) shall report to the House of Commons the results of any such examination." |
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| Bills substantially affecting the constitution. |
3. - (1) If, in the opinion of the Lord Chairman of Committees of the House of Lords a bill contains one or more provisions which substantially affect the constitution of the United Kingdom, he shall lay before the House of Lords a certificate identifying the provisions in question.
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(2) If the House of Lords passes a resolution under this subsection the bill shall not have any effect until the certified provisions, or such of them as are mentioned in the resolution, have been approved in a referendum conducted in accordance with the recommendations of the Committee on Standards in Public Life set out in chapter 12 of Cm 4057-I.
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(3) Those entitled to vote in any referendum held in consequence of a resolution passed under subsection (2) shall be those entitled to vote at a parliamentary election for any constituency in the area to which the provisions of the bill apply.
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(4) A certificate under subsection (1) may be issued at any time before third reading of the bill.
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| Excessive delegation of powers. |
4. - (1) Where, at or before second reading of a bill in the House of Lords, that House resolves, after the making of a report from a committee, that a bill contains to an unreasonable extent provisions which inappropriately delegate legislative power, then the provisions mentioned in the resolution shall be omitted from the bill.
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(2) In this section, "committee" means any committee of the House of Lords appointed to consider whether the provisions of a bill appropriately delegate legislative power or subject the exercise of legislative power to an inappropriate degree of Parliamentary scrutiny.
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| Devolved legislation: delegated powers. |
5. - (1) In the Scotland Act 1998, after section 35 insert-
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| "Delegated powers. |
35A. The Presiding Officer shall, on or before the introduction of a Bill in the Parliament-
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(a) send a copy of the Bill to any committee of the House of Lords appointed to consider whether the provisions of a bill inappropriately delegate legislative power or subject the exercise of legislative power to an inappropriate degree of Parliamentary scrutiny, and |
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(b) lay any report on the Bill of any such committee before the Parliament." |
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(2) In the Northern Ireland Act 1998, after section 12 insert-
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| "Delegated powers. |
12A. Standing Orders shall include provision requiring the Presiding Officer, on or before the introduction of a Bill in the Assembly-
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(a) to send a copy of the Bill to any committee of the House of Lords appointed to consider whether the provisions of a bill inappropriately delegate legislative power or subject the exercise of legislative power to an inappropriate degree of Parliamentary scrutiny, and |
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(b) to lay any report on the Bill of any such committee before the Assembly." |
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(3) Where a bill introduced or proposed to be introduced in the Scottish Parliament or the Northern Ireland Assembly is forwarded by the Presiding Officer to any committee of the House of Lords appointed to consider whether the provisions of a bill inappropriately delegate legislative power or subject the exercise of legislative power to an inappropriate degree of Parliamentary scrutiny that committee shall send any report on the bill to the Presiding Officer.
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