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14 April 2016
Issue: 7695 / Categories: Legal News
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Peers keep powers of rejection

Proposals to change the way the House of Lords scrutinises secondary legislation have been firmly rejected by a committee of Peers.

The Strathclyde Review outlined three options for change. These were: no scrutiny at all by Lords; reframing an earlier convention to the effect that Lords’ ability to reject secondary legislation would be “left unused”; and new legislation removing Lords’ powers to reject secondary legislation but allowing them to ask the Commons to “think again”.

However, the Lords Secondary Legislation Scrutiny Committee rejected all three options. It recommended that the Lords retain their power to reject secondary legislation, albeit in exceptional circumstances.

Lord Trefgarne, chairman of the Secondary Legislation Scrutiny Committee, says:Several of our witnesses, including Lord Strathclyde himself, raised the issue of the boundary between primary and secondary legislation, and a concern that a lack of detail in Acts leaves too much to be implemented by statutory instruments.

“If primary legislation presented by government is adequately fleshed-out, subsequent secondary legislation will be subsidiary in the proper sense of the word, and unlikely to face serious Parliamentary challenge. We think that the current ‘convention’ should be re-affirmed, in the knowledge that the House of Lords, as a self-regulating institution, can be expected to make a reasonable judgement of whether, and when, it should challenge a statutory instrument.”

Issue: 7695 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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