header-logo header-logo

29 July 2010 / Daniel Greenberg
Issue: 7428 / Categories: Blogs
printer mail-detail

Nothing will come of nothing

Daniel Greenberg laments the introduction of nonsense legislation

It is a fundamental principle of legislative drafting that each legislative proposition must confer a right or impose a duty and be enforceable. The principle has been disregarded with increasing frequency, with Acts containing material that is at best merely administrative and at worst wholly nugatory. As a mark of how far the trend has gone, in 2010 Parliament has enacted two entire Acts without a single genuine legislative proposition.

The Anti-Slavery Day Act 2010 originated as a private Member’s Bill. It starts with a superficially plausible legislative proposition—“The secretary of state shall by order made by statutory instrument specify a date which shall be observed each year as Anti-Slavery Day.” But how is the day to be observed, and by whom, and what will happen if they don’t? As an advertising campaign the Act may achieve something (although probably less than a well-targeted educational campaign); but as law it is a non-entity.

Sound law?

Of course, one cannot expect private members to draft sound

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
back-to-top-scroll