According to a House of Lords Constitution Committee report this week, ‘Brexit legislation: constitutional issues’, delegated powers should be used only where their use can be ‘clearly anticipated and defined’, constrained as far as is possible and subject to sunset clauses. Moreover, it is ‘in general constitutionally unacceptable’ to use delegated powers to create criminal offences yet the Sanctions and Anti-Money Laundering Bill gives ministers powers to set sanctions of up to ten years’ imprisonment.
The Peers branded ministerial powers to determine which courts can depart from European Court of Justice case law ‘inappropriate’. They highlighted a ‘significant risk’ that these powers could undermine legal certainty, and called on the government to publish in draft any regulations it intends to make using these powers so that ‘substantive consultation’ can take place.
They warned ‘COVID-19 must not blind us to the challenges’ as Parliament scrutinises Brexit.
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