The government’s ‘escalating’ use of delegated powers instead of primary legislation is ‘constitutionally objectional’, peers have said.
A report by the House of Lords Constitution Committee, published this week, states: ‘It has become increasingly apparent that the determining factor as to whether to include a delegated power in a bill is whether Parliament will accept the delegation, rather than any point of principle. We find this disturbing.’
The government came under fire for its use of Henry VIII powers—clauses that permit ministers to amend or repeal provisions in an Act with less scrutiny through the use of secondary legislation—in the EU (Withdrawal) Act 2018. The peers also hit out at ‘skeleton bills’ such as the Childcare Bill where policy details are filled in at a later date.
Committee chair, Baroness Taylor of Bolton, said Parliament could begin to reject secondary legislation ‘if the government persists in the inappropriate use of delegated powers’.
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