Childcare Bill [HL]
1. In our last report,[1]
published in June 2015, we drew attention to a concerning trenda
tendency by the Government to introduce vaguely worded legislation
that leaves much to the discretion of ministers. The Childcare
Bill [HL] is a particularly egregious example of this development.
It confers wide discretionary powers on the Secretary of State,
including Henry VIII powers, with few indications as to how those
powers should be used to achieve the objectives set out in the
Bill.
2. The Delegated Powers and Regulatory Reform
Committee has previously reported on the broad delegated powers
contained in this Bill,[2]
and we will not therefore comment in detail on its provisions.
We do, however, wish to express our concern at this further evidence
of legislation that gives ministers broad powers to achieve legislative
objectives with few restrictions as to how secondary legislation
should be framed to achieve that goal.
3. Legislation of this type increases the power
of the Executive at the expense of Parliament. The Childcare Bill
[HL] is an example of a continuing trend of constitutional concern
to which we draw the attention of the House.
1 Constitution Committee, Cities and Local Government Devolution Bill [HL]; Psychoactive Substances Bill [HL]; Charities (Protection and Social Investment) Bill [HL]
(2nd Report, Session 2015-16, HL Paper 9) Back
2
Delegated Powers and Regulatory Reform Committee, 2nd Report of Session 2015-16
(2nd Report, Session 2015-16, HL Paper 12) Back
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