Delegated legislation and parliamentary scrutiny
47.During our legislative scrutiny work in this session we examined a number of Bills which delegated powers to ministers to determine substantial policy issues.
Children and Social Work Bill [HL]
48.Our report on the Children and Social Work Bill [HL] raised concerns about the delivery of significant policy decisions wholly through delegated legislation.28 These included the establishment of a new statutory body and the creation and definition of new criminal offences.
Digital Economy Bill
49.In our report on the Digital Economy Bill we also raised concerns about the extent to which details of the policy were to be left to guidance and guidelines to be published by an unidentified regulator—and which would not be subject to any parliamentary scrutiny.29 We argued that this adversely affected the ability of the House to scrutinise the Bill effectively. The Government in its response committed to table amendments to address these concerns.30
50.We also addressed the large number and wide scope of Henry VIII powers included in the Bill.31 We drew the attention of the House in particular to a power that allowed primary and secondary legislation passed by the devolved legislatures to be amended by a statutory instrument without the consent or involvement of the relevant devolved legislatures or governments, or any procedural safeguards. The Government in its response argued that the consequential amendments that would result from the powers were relatively minor and subject to a Memorandum of Understanding and relevant concordats between the administrations.32
Pension Schemes Bill [HL]
51.The Committee wrote to Lord Freud, Minister of State for Welfare Reform, on the Pension Schemes Bill [HL].33 We noted that the Bill delegated to Government the power to make regulations that would determine substantial policy issues, some of which were in areas where the policy had yet to be developed or where consultation was still underway.
28 Constitution Committee, Children and Social Work Bill (2nd Report, Session 2016–17, HL Paper 10)
29 Constitution Committee, Digital Economy Bill (7th Report, Session 2016–17, HL Paper 96)
30 Letter from Lord Ashton of Hyde, Department for Culture, Media & Sport, to the Chairman, 16 February 2017: http://www.parliament.uk/documents/lords-committees/constitution/GovernmentResponse/LS30-Government-response-Digital-Economy-Bill.pdf [accessed 27 June 2017]
31 Constitution Committee, Digital Economy Bill (7th report, Session 2016–17, HL Paper 96)
32 Letter from Lord Ashton of Hyde, Department for Culture, Media & Sport, to the Chairman, 16 February 2017: http://www.parliament.uk/documents/lords-committees/constitution/GovernmentResponse/LS30-Government-response-Digital-Economy-Bill.pdf [accessed 27 June 2017]
33 Letter from the Chairman to Lord Freud, Minister of State for Welfare Reform, Department for Work and Pensions, 11 November 2016: http://www.parliament.uk/documents/lords-committees/constitution/Scrutiny/Chairman-to-Lord-Freud-111116.pdf [accessed 7 July 2017]