Select Committee on Delegated Powers and Deregulation Twenty-Fourth Report


26. The Committee reported on this draft bill in our 15th report of this session.[6] The Government has not yet responded to this report, or that of our sister Committee in the House of Commons, nor has the bill been introduced into either House of Parliament. Lord Falconer of Thoroton has, however, written to the Committee[7] to ask what our attitude would be to using the provision at clause 5(4) of the Bill, which permits consultation on prospective Regulatory Reform Orders before Royal Assent. Lord Falconer noted that we had not commented on this provision, which mirrors section 3(6) of the Deregulation and Contracting Out Act 1994, in our report on the draft bill. We are taking this opportunity to record formally that we see no difficulty with clause 5(4) of the draft bill. We re-iterate our earlier conclusion that "the main issue which the present draft Bill raises - the considerable widening of the power to legislate by order - is one for the House as a whole to decide. ... Only Parliament itself can decide whether [the] guidance from the Committees and the unfettered and important power of either House to refuse to approve the final draft order makes this unprecedentedly wide power acceptable."[8]


The members of the Select Committee are:

L. Alexander of Weedon (Chairman)

L. Ampthill

L. Dahrendorf

L. Goodhart

L. Hogg of Cumbernauld

L. Mayhew of Twysden

L. Merlyn-Rees

L. Prys-Davies

L. Waddington

6   HL Paper 61. Back

7   Lord Falconer's letter is printed in Annex 5 to this report. Back

8   This report is also published on the Internet at the House of Lords Select Committee Home Page (, where further information about the work of the Committee is also available. Back

previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000